JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.Leave granted.

2.Challenge in this appeal is to the judgment rendered by a Division Bench of the Calcutta High Court upholding the conviction 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.

3.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. 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. Shocked by such behaviour of the accused, the informant Naren Mondal raised his strong protest. There ensued bickering amongst them. It was followed by hurling of brickbats at the informant. While such things had been going on, one Chakku Mondal (hereinafter referred to as the deceased) was passing along the road. He came to the spot to enquire as to what had been going on there. Finding him there, the accused Naresh Mondal