MD. SAFIQUE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against judgment and order of conviction and sentence dated 23-09-2011 and 26-09-2011 passed by the Learned Additional Sesssions Judge, 1st Court, Jalpaiguri in Sessions Case No. 170 of 2002. By the said judgment, the trial Court convicted the appellant for offence punishable under section 302 of the Indian Penal Code (in short the I.P.C) and sentenced him to suffer life imprisonment and pay fine of Rs. 2,000/-, in default to suffer rigorous imprisonment for another two months.

(2.) The prosecution story is that on 24-07-1992 one Samirul lodged written complaint before Banarhat Police Station stating interalia that on the same day when he was in his house, a lady informed him that Safique had killed his sister with a dagger. On reaching the place of incident, he found his sister lying dead with deep stab injury on the left side of her chest and on her right hand which were bleeding profusely. Night guard named Jafar Khan who worked in Section No. 114 informed Samirul that he saw Safique fleeing from the place with a dagger in his right hand and slippers in his left hand. The complainant informed the matter to the Head Clerk of Garden's Office and thereafter reported the matter at the Police Station.

(3.) Upon receipt of the written complaint, Banarhat Police Station Case No. 73 of 1992 dated 24-07-1992 was registered under section 302 of the I.P.C. Upon completion of investigation, charge sheet was submitted against the accused/appellant under section 302 of the I.P.C. The case was committed to the Court of Learned Sessions Judge, Jalpaiguri and subsequently transferred to Learned Additional Sessions Judge, 1st Court, Jalpaiguri for trial.