SANKAR CHOWDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated. 13th July 2005 passed by the learned Additional Sessions Judge, Fast Track Court- I, Krishnagar in Sessions Trial No. Ill of April, 2005 arising out of Sessions Case No. 66 (10) 04 by which the appellants were convicted for the offence punishable under Section 302 of Indian Penal Code read with Section 34 thereof. The appellants were heard on the question of sentence on 14.7.2005 and thereafter by an order passed on the same day that is on 14.7.2005, they were sentenced to suffer rigorous imprisonment for life as also to pay fine of Rs.5,000/- each, in default to suffer further rigorous imprisonment for one year each. Being aggrieved by the judgment and orders of conviction and sentence passed by the learned Trial Judge, the appellants have preferred the present appeal.

(2.) The prosecution case as projected during trial in a nutshell is that on 1.8.2004 at about 4 p.m. Shanti Chowdhury aged 45 years, wife of the de facto complainant Chhoto Nanda Chowdhury (P.W.1), being accompanied by their daughter Bholia Chowdhury aged 14 years went to their field in the 'Char' (Fulbagan Char) on the bank of Ganges. Shanti Chowdhury was cleaning the weeds and her daughter was cutting grass. Suddenly, the appellants, Sankar Chowdhury and Haricharan Chowdhury of Fulbagan Char came out from the jute field on the western side of the land of the complainant and assaulted Shanti with sharp cutting weapon on her hands, neck and head at random. Her daughter raised shout. The de facto complainant and other villagers who were working in the 'Char' rushed to the spot and the appellants fled away. The victim Shanti Chowdhury died on the spot instantaneously. At about 8.35 hour on 1.8.2004 Chhoto Nanda Chowdhury, the husband of the deceased made a written complaint to P.W. 11, S.I, Harendra Nath Koley at the place of occurrence which was forwarded to O.C. Kaliganj Police Station.

(3.) At Police Station, Kaliganj, this is about 38 kilometers away from the place of occurrence, on the basis of Chhoto Nanda's complaint, Kaliganj P.S. Case No. 148/04 dated. 1.8.2004 was registered under Section 302/34 of the Indian Penal Code against the appellants. The Investigating Agency took up investigation. In the usual course, after completion of investigation, .P.W. 11 S.I., Harendra Nath Koley, the Investigating Officer of the case submitted charge sheet against the appellants herein under Section 302/34 of the Indian Penal Code. The case was committed to the Court of Sessions. In the Trial Court, charge under Section 302 read with Section 34 of the Indian Penal Code was framed against the appellants. The appellants pleaded not guilty to the charge framed against them and claimed to be tried. The prosecution examined as many as 11 witnesses in the Trial Court. Apart from leading oral evidence, the prosecution also tendered and proved a large number of exhibits which were marked as exhibit 1 to 9 and Mat exhibit