RABI MURMU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is at the instance of a convict and is directed against judgment and order of conviction passed by Sri R.D. Kundu, Additional Sessions Judge, Jalpaiguri in Sessions Case No. 27 of 1991.

(2.) The facts leading to the prosecution of this convict- appellant are that one Suniram Oraon, since deceased was called upon and taken away from his residence by his friends and the present appellant, and they proceeded towards the Shalbari garden. The said Suniram was found missing since then and as he did not come back, searches were made to trace him out, but to no effect. On the next day, this appellant is alleged to have come back alone, but his conduct arose suspicion in the mind of his neighbours and so interrogation commenced by the local people. Ultimately, he admitted that on 25.5.90, he took the deceased by a bicycle to Shalbari. This appellant along with accused Kalia and Mahadeb had made him to consume liquor. Thereafter, the deceased was taken to the northern side of rail crossing at Hatiabari where this appellant along with others killed him by cutting his throat with a 'kukhri' and thereafter, the body was taken into a gunny bag and buried the dead body on the bank of river Dima. The appellant and other accused persons stated that they concealed the weapon and it was brought by the accused Mahadeb. On the basis of the said statement, the appellant Rabi was taken to the Police Station by the villagers and F.I.R. was lodged and the investigation of the case commenced. Further prosecution case is that the appellant Rabi had a transaction of money with the deceased and took a loan of Rs. 8,000.00, ten mds. of paddy from the deceased and when the deceased demanded the refund, he was murdered by the appellant. Upon completion of the investigation, examination of the witnesses under Sec. 161 Code Criminal Procedure and after obtaining the P.M. Report, a charge-sheet was submitted against the appellant and others under Sections 302/201 Indian Penal Code.

(3.) At the trial, the prosecution examined 11 witnesses and upon completion of the trial, this appellant namely, Rabi Murmu was found guilty for offence under Sections 302/201/364 Indian Penal Code and was convicted and sentenced for imprisonment for life and was further convicted to suffer R.I. for two years and a fine of Rs. 1,000.00 in default to suffer R.I. for another six months under Sec. 201 Indian Penal Code The convict was further convicted to R.I. for two years and to fine of Rs. 1,000.00 in default to suffer R.I. for another six months more under Sec. 364 Indian Penal Code Other accused persons were found not guilty and they were accordingly acquitted.