SONATAN MAHATO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the order of conviction under Section 302 passed on 24-3-90 against the accused/appellant and against the sentence of imprisonment for life on such conviction.

(2.) In a nutshell, the case of the prosecution is that on 11-1-87 one dead body of unknown person was seen lying on the land of Jagabandhu Mahato at village Krishnapur, P.S., Raipur, Dist. Bankura. The dead body was of a person aged about 40 years approximately, wearing green underwear and white blood stained Genji. There was a deep bleeding injury on the left of the eyes. After the informant Prafullya Kumar Mahato lodged an information to this effect to the O.C., Raipur P.S., Police Officer came to the place at about 12 noon on the same day. Accused/appellant Sanatan was brought to the spot from his house which was situated near that place. Besides the informant (P.W. 1), Nityananda Mahato (P.W. 4), Sitaram Mahato (P.W. 3) and others also came to that spot. The accused/appellant identified the dead body as that of Chakradhar Mahato. Subsequently, Budhiswar Mahato (P.W. 9), the cousin brother of Chakradhar also came to this spot and identified the dead body. The police officer held inquest over the dead body of the deceased and prepared a report. He also seized the blood stained lungi, blood stained earth and control earth under seizure list. Thereafter accused/appellant, Sanatan led the police and the persons present, to his thatched hut about 100 yards away from the spot. He opened the door by his keys. There was stain of blood at the side of a cot kept inside the hut. Drops of blood were also found on the floor and walls. Accused/appellant, Sanatan brought out a small blood stained Kurul from the southern rack of the wall and the same weapon was seized by the police officer under a seizure list in presence of the witnesses. The accused/appellant, Sanatan also brought out a wrist watch which belonged to Chakradhar and which was hanging, from a nail on the eastern wall, of the room, police officer seized the same. Accused/appellant Sanatan also brought out one blood stained white underpant. The police officer seized the garment along with blood stained earth. Then accused, Sanatan led them to the land of the Jatin Mahato and brought out one red bed sheet and muffler from there. It is also alleged, Sanatan the accused made extra judicial confession in presence of witnesses regarding murder of the victim. In course of investigation of the case, police got the confession of the accused/appellant in respect of the murder of the victim, recorded by a judicial magistrate under Section 164, Cr.P.C. The police" on completion of the investigation submitted chargesheet under Section 302, IPC against the accused/appellant.

(3.) Subsequently, the learned Court below on the basis of the document referred to under Section 173, Cr.P.C. raised charge under Section, 302 IPC against accused/appellant. The learned Court below on consideration of the evidence on record and in the facts and circumstances of the case came to a finding that the accused committed the murder and thereafter convicted the accused and sentenced him as stated above.