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Bengal

HC upholds lifer for pushing woman from running train

Kolkata: The Calcutta High Court has upheld the conviction and life sentence of a convict who was accused of pushing a woman out of the running train, leading to her death.

The bench of Justice Joymalya Bagchi and Justice Gaurang Kanth was moved by the accused (appellant) challenging her life sentence and conviction. On May 10, the victim Padmabati was returning home by Lakshmikanatapur local train. When the train entered Joynagar Railway Station, there was an altercation and she was pushed by the appellant from the running train onto the platform.

She fell down and suffered injuries. She was shifted to a nursing home. Appellant was caught by local people and detained. Initially, an attempt to murder (Section 307 IPC) was slapped against her. However, with the victim dying, she was also accused of murder (Section 302 IPC).

A co-passenger, who was a vital witness for the prosecution, deposed that she was in the train and saw Padmati pushed by another woman from the train.

She identified the accused before the Magistrate during trial and also in the court. Two other witnesses also corroborated her statement.

The doctor who treated the victim before her death deposed that she said she was frequently assaulted by Durga (accused).

On that day, Durga poured irritant liquid in her eyes and pushed her from the train. He stated the nature of injuries found on the patient would be caused if she was pushed from the train.

The autopsy doctor opined that death was due to injuries and ante mortem (before death) in nature. Defence argued that the dying declaration runs counter to the prosecution case against the appellant whose name is Saudamini. Prosecution argued that the co-passenger identified the appellant as the person who had pushed the victim from the train.

The court also relied on the evidence by the co-passenger who saw the victim pushed out of the train and later identified her. The conviction and life sentence of the accused was upheld by the court.

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