LACHHU INDOWER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal against the judgment and order of conviction dated August 16, 2004 passed by the Learned Additional Sessions Judge, 1st Fast Track Court, Alipurduar, Dist.- Jalpaiguri in Sessions Trial No.28 of 2004 arising out of Sessions Case No.51 of 2004. The Learned Trial Court found the appellant to be guilty of offence punishable under Section 302 of Indian Penal Code (for short 'IPC'), for murdering his brother Ram Indower (the victim), and sentenced the appellant to imprisonment for life and to pay fine of Rs.5,000/-, in default to suffer further imprisonment for one year.

(2.) The prosecution case as appears from the written complaint lodged by Ramesh Indower (P.W.1 and father of both the victim and the appellant) and from the prosecution evidence is that on September 8, 2003 P.W.1 along with his wife left the family house for their respective works. At that time, the appellant and the victim were present in their family house. The other son of P.W.1 viz., Chikla Indower was in the Pan shop which he ran as a business. At around 2/2:30 p.m. P.W.1 and his wife returned home and found the victim's dead body. The people in the locality told them that the appellant had killed the victim. He lodged a complaint with the police. The police arrived at the place of occurrence which is the family house of P.W.1. The appellant surrendered before the police and then confessed his crime before P.W.1 and the police.

(3.) Pursuant to investigation, charge-sheet was issued against the appellant. He was charged with commission of offence punishable under Section 302 IPC. The charge read as follows: 'You, on or about the 8th day of September/2003 during altercation committed murder of your elder brother Ram Indower by intentionally cutting his neck by a 'kalam knife''. The charge was read over and explained to the appellant who pleaded 'not guilty' and claimed to be tried. Hence the Trial.