JAYSEN PANDEY Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) This Crimnal Appeal arises out of judgement and order of conviction passed by the learned Additional District and Sessions Judge , Fast Track Court Purulia on 8th November, 2005 against accused Jaysen Pandey under Section 302 of the Indian Penal Code.

(2.) The fact of the case is as follows :-

(3.) Mr. Basu learned amicus curie appointed by this Hon'ble Court submitted that there are 18 witnesses adduced by the prosecution in order to prove its case. P.W.1 Haradhan Kuiri the son of the deceased Narayan Kuiri who lodged the F.I.R, is a post occurrence witness, stated in his deposition that on 20th February, 2005, Sunday at about 8:30 a.m. while he was working in his vegetable 'Bari' then Bhadra Singh Babu came and informed him that his father Narayan Kuiri has been murdered by Jaysen Pandey by Tangi. After gathering such information P.W.1 rushed to the Sasha More and found that his father was lying dead near the door of Jaysen Pandey and he identified the accused person on dock. P.W.1 further deposed that he subsequently went to Suisa Outpost and lodged complaint in writing. That complaint was scribed by one Uma Charan Kuiri as per his instruction and direction and was also read over and explained before him and he put his signature. He also identified the written complaint scribed by Uma Charan Kuiry. He also identified his signature in the written complaint and the written complaint was marked as Exbt.1/2. He also identified the signature of the scribe namely Uma Charan Kuiri on the written complaint marked as Exbt.1/1. He also identified the carbon copy of the inquest report. (Exbt.2/1) . He stated that after inquest was made the deadbody was sent for post mortem examination.