Soumyadip Mullick, MP, 14 Mar 2025, Kolkata: The Calcutta High Court has upheld the conviction of four accused persons for culpable homicide not amounting to murder in a case of 1993 where a man died of injuries resulting from physical assault.
The bench of Justice Partha Sarathi Sen was moved by seven accused challenging their seven years of rigorous imprisonment under Section 304 Part-II IPC. However, during pendency of trial, three of them died and thus the instant appeal stood abetted against the deceased persons.
In November 1993, the victim was physically assaulted by the seven accused with weapons. He fainted and was transferred to the hospital.
During the course of the probe, he succumbed to injuries. The court observed that the autopsy surgeon ascertained that death was on account of head injury with a blunt substance and was ante-mortem and homicidal in nature.
It was observed that the sequence of events deposed by the prosecution witnesses unerringly established the presence of the accused persons at the crime spot on the relevant day and hour and their active role in the crime.
Two of the witnesses were eye-witnesses and were also injured during the incident.
The court noted that the crime was not sudden since it was established from the witness evidence that because the brother of the deceased was in a relationship with the girl from the family of the accused persons, the latter first assaulted the boyfriend and then his brother (deceased).
However, the court observed that it did not transpire from the prosecution witnesses’ evidence that the offenders had any intention to cause death.
They began assaulting due to a fit of passion but ultimately one of the accused dealt a fatal blow to the head with the knowledge that such an act is likely to cause death.
The bail bonds of the four accused were cancelled and they were directed to appear before trial court in 30 days.
On failure, the trial court can issue non-bailable arrest warrants.
https://www.millenniumpost.in/bengal/over-872-crore-people-enrolled-in-swasthya-sathi-till-february-minister-602421
