That request was granted and the Headmaster was examined.
A Division Bench of the High Court 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 Section 302 I.P.C. is brought home to him.
Information of the offence was lodged by Kartick Ghosh, father of deceased Rabi at Nakashipara Police Station at about 3.40 P.M. on the date of the occurrence.
The case was adjourned as the appellant wanted to examine Mangalmoy Sarkar, Headmaster of Sudhakarpur High School to prove entries from the Admission Register.
After companypleting the investigation, appellant and two others were charge sheeted for an offence Under Section 302 read with Section 34 of the Indian Penal Code.
Thereafter, the prosecution examined P.W. 1 Dr. A.K. Basu, Chief Medical Officer of Health, Nadia, P.W. 2 Dr. J. C. Debnath, Radiologist, P.W. 3 Dr. C. R. Bhattacharyya, Orthopaedic Surgeon and P.W. 4 Dr. R.B. Roy.
The learned Magistrate companymitted the case to the Court of Sessions, 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 Section 302 read with Section 34 of the Indian Penal Code and sentence each of them to suffer imprisonment for life.
160 of 1977 in the Calcutta High Court.
On receipt of the order made by this Court, the learned Additional Sessions Judge, First Court, Nadia directed Superintendent of Krishnagar Jail to produce accused Gopinath Ghose in the office of the Chief Medical Officer, Nadia on June 4, 1983 for medical examination with a view to ascertaining his age and submit the report to the companyrt.
Bhaktabala Dasi, mother of the appellant was examined as a witness for the defence.
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.
Appellant Gopinath Ghosh has filed this appeal by special leave.
A. Desai, J. Special leave granted.
Appellant Gopinath Ghosh was companyvicted by the learned Additional Sessions Judge, Nadia along with Bharat Ghosh Sadhu and Jagannath Ghosh Under Section 302 read with Section 34 of the Indian Penal Code for having companymitted murder of Rabi Ghosh, son of Kartick Ghosh on August 19, 1974.
Thereafter, Smt.
Appellant and the two companyaccused preferred Criminal Appeal No.
