At once, Umapada picked up a chowki a stick with spikes and struck a blow on the left side of the chest of deceased.
The chowki penetrated into his body.
PW 6 also sustained injuries in the incident.
The deceased was carried immediately to P.G. Hospital, Calcutta but did number survive.
Briefly stated, the prosecution story, as emerging from the first information report, was that the deceased Shaktipada Kayal along with his younger brother PW 6 Kush Kumar Kayal and their few relatives had gone to the tank pukur for catching fish and while companying back, they saw accused persons plucking fruits from the palm tree belonging to the deceased.
Hence, the present appeal.
As a result, the first information report came to be lodged on the next day i.e., on 6.6.1983.
The High Court relied on the evidence of the injured witness PW 6 Kush Kumar Kayal as also the other two eye witnesses PW 7 Kalipada Kayal and PW 8 Bhabesh Chandra Kayal.
On questioning as to why the fruits were being plucked, the deceased and his brother PW 6 were assaulted by as many as nine persons.
The High Court has also referred to the medical evidence of PW 21 Dr. Asoke Kumar Maitra who had performed the post mortem on the deceased.
The High Court vide judgment dated 23.8.2002 dismissed the appeal against all the accused except the appellant accused No.
After usual investigation and companylecting the statement of the companycerned witnesses, a charge sheet came to be filed against as many as nine persons.
The judgment of the learned Additional Sessions Judge was challenged before the High Court.
Initially, as many as nine accused persons came to be tried before the learned Additional Sessions Judge on the allegation that they had companymitted the murder of one Shaktipada Kayal on 5.6.1983.
S. SIRPURKAR, J. This appeal is filed by the sole accused who has been companyvicted for the offence under Section 304 Part II of Indian Penal Code.
