DHIREN CHANDRA BARIK Vs. STATE

JUDGEMENT

(1.) This Jail Appeal is directed against the judgment and order of conviction passed by the learned Additional Sessions Judge, 3rd Court Midnapur on 7-8-2003 in Sessions Trial No. XLIV/Oct 2001 arising out of G. R. Case No. 1085/2000. By the aforementioned impugned judgment, the Appellant Dhiren Barik was found guilty of the charge under Section 302 IPC for causing the murder of Bhupati since deceased and also of further charge under Section 325 IPC for causing voluntarily grievous hurt to the deceased's minor son Santanu. He was convicted thereunder accordingly. The convict was sentenced to suffer life imprisonment and to pay a fine of Rs. 1000/- in default whereof to suffer one month S. I. for the first count of charge and was also sentenced to undergo four years R. I. for the second count of charge vide order dated 8-8-2003. Both the sentences were ordered to run concurrently.

(2.) Factual matrix of the prosecution case leading to filing of the present appeal may be summarized as under:

(3.) Feeling aggrieved, the Appellant preferred the instant Jail Appeal through the Superintendent, Midnapur Central Correctional Home on 16-8-2003 on the ground that the order of conviction and sentence impugned is manifestly unjust, incorrect and illegal inasmuch as it is against the weight of evidence on record and further that the charge of murder against the Appellant is biased and motivated and the learned Court failed to unearth the truth. It was further contended therein that the prosecution witnesses is highly interested and partisan in nature and character. This Court engaged Sri. Rashbihari Mahato, ld. Advocate of senior panel with a junior of his choice to defend the case of the Appellant vide order dated 12-9-2003. After hearing the learned Counsel for the Appellant this Court admitted the appeal for hearing vide order dated 16-9-2003.