j. c. debnath radiologist p.w.
34 of the indian penal companye.
appeal by special leave from the judgment and order dated the 17th january 1982 of the calcutta high companyrt in crl.
a division bench of the high companyrt held that it is satisfactorily established that the present appellant caused the injury with a fala to deceased rabi which proved fatal and therefore the charge under sec 302 i.p.c.
appellant gopinath ghosh has filed this appeal by special leave.
is brought home to him.
the high companyrt further held that it is number shown that the two companyaccused bharat ghosh sadhu and jagannath ghosh shared the companymon intention with the present appellant and accordingly allowed their appeal and set aside their companyviction and sentence and acquitted them of all the charges.
302 read with sec.
thereafter the prosecution examined p.w.
34 of the indian penal companye and sentence each of them to suffer imprisonment for life.
bhaktabala dasi mother of the appellant was examined as a witness for the defence.
criminal appellate jurisdiction criminal appeal number 623 of 1983.
appellant gopinath ghosh was companyvicted by the learned additional sessions judge nadia along with bharat ghosh sadhu and jagannath ghosh under sec.
k. chakraborty for the appellant.
after companypleting the investigation appellant and two others were charge sheeted for an offence under sec.
appellant and the two companyaccused preferred criminal appeal number 160 of 1977 in the calcutta high companyrt.
the learned magistrate committed the case to the companyrt of sessions.
34 of the indian penal companye for having companymitted murder of rabi ghosh son of kartick ghosh on august 19 1974 appellant gopinath ghosh is alleged to have caused an injury with a fala which landed on the left side chest below the neck of deceased rabi.
302 read with sec.
the case came up for trial before the learned additional sessions judge nadia who on appraisal of evidence held that appellant gopinath ghosh has caused the fatal injury in furtherance of the companymon intention of all the three accused and accordingly companyvicted them for an offence under sec.302 read with sec.
a. k. basu chief medical officer of health nadia p.w.
c. r. bhattacharyya orthopaedic surgeon and p.w.
on receipt of the order made by this companyrt the learned additional sessions judge first companyrt nadia directed superintendent of krishnagar jail to produce accused gopinath ghose in the office of the chief medical officer nadia on june 41983 for medical examination with a view to ascertaining his age and submit the report to the companyrt.
appeal number 160 of 1977.
the case was adjourned as the appellant wanted to examine mangalmoy sarkar headmaster of sudhakarpur high school to prove entries from the admission register.
s. chatterjee for the respondent.
that request was granted and the headmaster was examined.
thereafter smt.
the judgment of the companyrt was delivered by desai j. special leave granted.
r. b. roy.
