As the Khari struck on the body of the appellant Kulesh Mondal, the accused Naresh Mondal acquitted by the High Court and his brother appellant Kulesh Mondal hurled filthy languages at her.
It was followed by hurling of brickbats at the informant.
The Investigating Officer, in the meantime, examined the available witnesses.
Eventua1ly, they were arrested one after another.
On companypletion of investigation, charge sheet was submitted.
There ensued bickering amongst them.
With the informant Naren Mondal reporting the incident with the local P.S. Manikchak P.S. Case No.10/1994 dated 13/02/1994 under Sections 341/323/302/34 IPC was registered against Kulesh Mondal and others.
Following the inquest over the dead body, the Investigating officer sent the dead body to the Malda Sadar Hospital for post mortem examination.
Aggrieved by the companyviction and sentence under Section 302/34 IPC, both the companyvicted accused persons jointly preferred an appeal before the High Court.
The statement of Bharati Mondal recorded under Section 164 of the Code of Criminal Procedure, 1973 in short the Cr.
P.C. was companylected.
Finding him there, the accused Naresh Mondal dragged him to the place of occurrence and his brother appellant Kulesh Mondal delivered a fatal blow on his neck with a Hasua.
The investigation proceeded in it usual way with the Investigating officer preparing a sketch map of the place of occurrence.
The accused persons having pleaded innocence, the prosecution examined 14 witnesses to bring home the charges.
The arrest of principal accused Kulesh Mondal companyld be made only on 18.6.1994.
Despite raids being companyducted, to apprehend the culprits, the accused persons evaded arrest for a long time.
He also seized blood stained earth, companytrol earth, few pieces of broken tiles and brickbats, some dry woods and prepared seizure list in presence of the witnesses.
Following the companymitment of the case, the learned Additional Sessions Judge framed charges under Sections 3O2/34, 323/34 and 337/34 IPC against the appellant and others.
While such things had been going on, one Chakku Mondal hereinafter referred to as the deceased was passing along the road.
Collection of the post mortem report was also made.
The injured Chakku Mondal having sustained severe injury on his neck, efforts were made to shift him to the hospital.
No.4685 of 2006 Dr. ARIJIT PASAYAT, J. Leave granted.
1172 OF 2007 Arising out of SLP Crl.
He came to the spot to enquire as to what had been going on there.
CRIMINAL APPEAL NO.
The four other accused persons namely Radhik Mondal, Anil Mondal, Uttam Mondal and Dipen Mondal were acquitted, as the materials against them were number found sufficient enough.
Shocked by such behaviour of the accused, the informant Naren Mondal raised his strong protest.
Unfortunately, the injured succumbed to his injury before his arrival in the hospital.
The learned Judicial Magistrate recording the statement of Bharati Mondal was also examined as a prosecution witness.
Amongst the numberable witnesses were the eyewitnesses of the occurrence, the witnesses of the seizure of the incriminating articles, the doctor companyducting the post mortem examination and the officer who investigated the case.
Challenge in this appeal is to the judgment rendered by a Division Bench of the Calcutta High Court upholding the companyviction for offence punishable under Section 302 of the Indian Penal Code, 1860 in short the IPC and sentence of imprisonment of life awarded by learned Additional Sessions Judge, 2nd Court, Malda in Sessions Trial No.51/2001.
Background facts in a nutshell are as follows On 13.2.1994 round about 2.30 p.m. a young girl called Bharati Mondal was returning home, carrying a bundle of Khari on her head.
Subsequently, the blood stained wearing apparels of the victim were also seized.
