IMPORTANT POINT
The court affirmed that intent to cause death or grievous injury is critical for conviction under Section 304(1) IPC, supported by consistent eyewitness accounts and medical evidence.

JUDGMENT :

Partha Sarathi Sen, J.

1. In this appeal the judgement of conviction and order of sentence both dated 21.05.1985 as passed by the learned Sessions Judge, Purulia in Sessions Trial No.13 of 1985 arising out of Sessions Case no. 47 of 1984 has been assailed. By the impugned judgement the trial court found the present appellant guilty under Section 304(1) IPC and thus convicted him to suffer R.I for 7 years with a fine of Rs.2000/-in default to undergo further R.I for two years.

2. The appellant felt aggrieved and thus preferred the instant appeal.

3. For effective disposal of the instant appeal the facts leading to initiation of the aforesaid Sessions Case is required to be dealt with in a nutshell.

4. On 03.10.1983 one Paltu Rajak of Village Nadiara gave a statement before one Phani Bhusan Panda, S.I of the said police station to the effect that his nephew Krishna Pada Rajak of village Belkuri came to his house on the said day at about 12p.m. It was his further version that since the said Krishna Pada Rajak was suffering from mental illness his father had put an iron hand cuff on the hands of his said nephew. It was his further version that his nephew’s in-laws’ house is situated in the self same village and thus after having meal at his home, the informant and one Shanti Rajak along with the said Krishna Pada Rajak were proceeding to the house of the in-laws of the said Krishna Pada Rajak.

5. It has been stated further by the informant before the police officials of the said police station that in the midst of the way the said Krishna Pada Rajak noticed that some goats were eating paddy in his paddy field to which the said Krishna Pada Rajak became annoyed and abused the cow boy. It is the further version of the informant that immediately thereafter the said cow boy went to a nearby club of the said village and on being informed about the incident, one Montu Gope, one Suegeon Gope and one Lakshmikanta Pramanik came out from the club and at that time the said Surgeon Gope was holding a spear in his hand. Thereafter the said Mantu Gope snatched the said spear from the hands of the said Surgeon Gope and gave a blow of such spear on the left side of the chest rib of Krishna Pada Gope. The said Krishna Pada Gope tried to resist such blow of spear by his hand as a result whereof he suffered bleeding injury on his left hand finger and the said spear thereafter hit the left side of his chest and on account of such blow of spear the said Krishna Pada Gope suffered a penetrating injury on his left chest wall and he was bleeding profusely then. It has been further stated that all the assailants named above came out of the said club with an object to assault the said victim and apart from the principle assailant, the other two assailants were abetting the principle accused by saying ‘mar mar’(hit-hit). It has been stated further that the said incident took place at 4:30/5 p.m. on the said day and the said incident was witnessed by the said Shanti Gope and one Lakshmi Narayan Gope of village Belkuri. The victim was thereafter brought to a ‘sadhu ashram’ wherefrom he was taken to Purulia Sadar Hospital where he was admitted.

6. On the basis of this aforesaid complaint Purulia(M) P.S case no.5 dated 03.10.1983 under Sections 326/34 IPC was started. Since the said Krishan Pada Rajak subsequently succumbed to his injury Section 304 was added.

7. Investigation was taken up and on completion of the same charge sheet under Sections 326/304/34 was submitted against the three accused persons.

8. After commitment the learned trial court by its order dated 20.02.1985 considered the charges against the three accused persons and on consideration of the entire materials the trial court framed charges under Sections 304(1) and 109 IPC against the accused Hareram Gope @ Sarjew Gope @ Surgeon Gope and Lakshmi Kanta Pramanik and a separate charge under Section 304(1) IPC was framed against the present appellant Mantu Gope.

9. Trial court record reveals tha