SANJIT SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against a judgment dated 1st September 1998 passed by the learned Additional Sessions Judge, Nadia, 2nd Court, Krishnanagar, in Sessions Case No. 15(9) of 1997 corresponding to Sessions Trial No. 6(VII) of 1998 by which the learned Trial Court convicted the Appellant Sanjit Sarkar of the offence punishable under Section 302 IPC and the rest of the Appellants were convicted of an offence punishable under Section 323 IPC. By an order dated 2nd September 1998 the convict Sanjit was sentenced to suffer imprisonment for life as also to pay a fine of Rs. 1000/-, in default to suffer further rigorous imprisonment for a period of six months. Rest of the convicts were sentenced to suffer rigorous imprisonment for one year each as also to pay a fine of Rs. 1000/- each for the offence punishable under Sections 323/34 IPC, in default to suffer further rigorous imprisonment of six months each.

(2.) The facts and circumstances of the case are as follows:

(3.) P.W. 7, son of the victim who at the relevant time was only 11 years of old deposed as follows: