Background facts in a nutshell are as under On 14.6.2002 at about 4.30 p.m. Santosh Dorjee along with his companysin brother Sankar Dorjee went to an eatery situated in front of Bhawani Video Hall of Birpara for taking food.
Seeing the same assault Sankar panicked and rushed away from the place of occurrence thinking that Bikram Dorjee might assault him.
Sankar accompanied father of Santosh from Birpara to Jalpaiguri Hospital.
Santosh was later on transferred to Silliguri medical companylege where he died the next day.
He informed the matter to the parents of Santosh who was by then taken to Birpara hospital.
Since the accused pleaded innocence trial was held.
After investigation charge sheet was filed.
Sentence was companyfirmed in the appeal.
They placed order and were waiting there.
Prosecution case the Birpara P.S. case number 44/2002 dated 15.6.2002 was started against the accused Bikram Dorjee under Section 304 IPC.
Dr. ARIJIT PASAYAT, J. Leave granted.
Challenge in this appeal is to the judgment of a Division Bench of the Calcutta High Court holding the appellant guilty of offence punishable under Section 304 Part I of the Indian Penal Code, 1860 in short the IPC .
All of a sudden one Bikram Dorjee came there and assaulted Santosh Dorjee by a knife in his belly.
He was sentenced to undergo imprisonment for life by learned Additional Sessions Judge, Fast Track Court, Alipurduar.
The appeal filed by the appellant was dismissed by the High Court.
