JITEN BESRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By this appeal, accused Jiten Besra challenges the judgment of the High Court confirming the judgment of the Trial Court whereby he was convicted for the offence under Section 302, IPC and was consequentially sentenced to suffer rigorous imprisonment for life. The accused Jiten Besra is said to have committed murder of one Nandlal Tudu and Mital Bala. The deceased Nandlal Tudu was none else but the father-in-law of the accused, being father of Malati Besra, his wife. It is contended by the prosecution that on the fateful day, Malati along with her mother had gone to attend 'Boul Song' and she was also accompanied by her sister Parbati. When they came back at dawn on 21.05.1997, they found that both her parents i.e. Nandlal and Mital Bala were dead.

(2.) A written complaint was lodged by Malati in Boro Police Station wherein it was alleged that one unknown miscreant might have killed her parents out of previous enmity. The investigation ensued on the basis of this First Information Report and the investigating agency came to the conclusion that it was appellant Jiten Besra who was the perpetrator of the crime. In support of it, the charge-sheet was filed and after the committal of the case to the Sessions Judge, during the trial, the prosecution examined, in all, 15 witnesses which included Malati (PW-1), PWs-2 to 13, who were persons from locality, Partha Sarathi Dhar (PW-14), the doctor who conducted the postmortem of the bodies of the deceased persons and Ram Narayan Datta (PW-15) who was the Investigating Officer. The defence of the appellant was that he was being falsely implicated and there was no evidence against him whatsoever.

(3.) The defence did not prevail and the accused came to be convicted by the Trial Court relaying on the evidence of the prosecution witnesses. The High Court dismissed the appeal and that is how the appellant is before us.