SUBHASISH MONDAL @ BIJOY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is filed by the appellant Subhashish Mondal @ Bijoy, against the final judgment and order dated 29.09.2006, passed by the High Court at Calcutta in Criminal Appeal No. 398 of 2003, whereby the High Court dismissed the appeal of the appellant and upheld the verdict of the trial court convicting him under Section 302 of the Indian Penal Code (in short "IPC") on the charge of double murder of his brother and mother and sentencing him to imprisonment for life and to pay a fine of Rs.1,000/-and in default of payment of fine, to undergo further simple imprisonment for three months. The present appeal is filed urging certain grounds and legal contentions, praying to set aside the impugned judgment and order of the High Court and to reverse the conviction and sentence passed by the courts below.

(2.) The facts of the case are stated in brief. The appellant, Subhasis Mondal was charged with the murder of his elder brother, Debasis Mondal and his mother, Bithika Mondal at their house in Kharagpur town, based on the FIR filed by one Srinivas Rao who used to reside in the quarter beside the quarter of the victims. The trial court found him guilty for the double murder of his brother and mother and sentenced him to imprisonment for life under Section 302 of the IPC. Against the judgment and order of the trial court, the appellant filed an appeal before the High Court pleading innocence and lack of evidence and prayed for reversal of the conviction and sentence. The High Court dismissed the appeal and upheld the verdict of the trial court. Being aggrieved by the judgment and order of the High Court, the appellant has filed the present appeal.

(3.) The prosecution case giving birth to the sessions trial was that the appellant, on the night of September 1, 2001, had allegedly killed both his elder brother and his mother at their railway quarter No.2 D/2, Old Settlement, Kharagpur Town and this fact of the gruesome murder of both the victims came to light when an FIR was lodged by one A. Srinivas Rao who was also a Railways Employee and who used to reside in the quarter just beside the quarter of the victims. Mr. Srinivasa Rao in his written complaint dated 1st September, 2001 alleged that he heard screaming sounds coming from the next door quarter and so he, along with his relatives and other neighbours went to quarter No.2 D/2 and found the dead body of Debasis, the brother of the appellant and his mother, Bithika in a precarious condition with serious injuries on her person. Bithika was subsequently taken to the hospital for treatment but she succumbed to her injuries. On getting this information, the police visited the place of occurrence and there, Mr. Rao presented his written complaint about the murder without any mention of the assailant as it was still unknown. On receipt of the written complaint, the case was investigated into and the police collected evidence from which it was reasonably felt that the appellant committed the murder of his mother and elder brother and thus, a charge sheet was submitted against the appellant under Section 302 of the IPC. The learned Additional Sessions Judge framed charge under Section 302, IPC against the appellant for murder of his mother and elder brother and the appellant pleaded not guilty to the charge and claimed trial.