JUDGMENT :

(Tirthankar Ghosh, J.) :

The present appeal has been preferred challenging the judgment and order of conviction and sentence dated 01.08.2022 passed by the learned Additional Sessions Judge, 2nd Court, Arambagh, Hooghly wherein the learned trial court was pleased to hold the appellant guilty in connection with Sessions Trial No.05 of 2015 arising out of Sessions Case No.108 of 2014 for commission of offences punishable under Section 304(II) of the Indian Penal Code and Section 325 of the Indian Penal Code and sentence the appellant as follows:

(i) For the offence under Section 304(II) of the Indian Penal Code to suffer simple imprisonment for a period of two years and to pay a fine of Rs.5,000/-.

(ii) For the offence under Section 325 of the Indian Penal Code - to suffer simple imprisonment for one year and to pay a fine of Rs.5,000/- only.

(iii) By the same order, the learned trial court was pleased to direct that in the case of default of payment of fine the appellant would suffer further simple imprisonment for a period of one month. 50% of the fine amount is to be paid to the family of the victim.

2. The genesis of the case relates to Khanakul Police Station Case No.