LOTAN MAJHI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is preferred by Lotan Majhi challenging his conviction and sentence to suffer rigorous imprisonment for life and also to pay a fine of Rs. 1,000/- , in default, to suffer rigorous imprisonment for four months for having committed offence under Section 302 of the IPC by the Learned Additional Sessions Judge on his being tried for having committed murder by intentionally causing the death of her elder sister Kismat Majhi by beheading her with a 'dao'.

(2.) It is the prosecution's case that on 26.01.1998 at about 9/9.30 a.m. the appellant-accused killed his elder sister Kismat Majhi at Gaya Ganga Tea Garden. Thereafter, he carried her severed head in one hand and 'dao' in another and was seen by several persons walking through the street followed by a crowd of 100/150 persons. He was noticed by Amal Ray (P.W. 1), a constable, who nabbed him and took him to the Phansidewa Police Station and lodged his report (Ext. 1). S.I. Biman Bose (P.W. 10) prepared the inquest report of the head and seized the 'dao' and blood stained clothes of the appellant-accused.

(3.) On being interrogated, the appellant-accused led the police to his residence and therefrom to the place of occurrence where the body of Kismat Majhi, elder sister of the appellant-accused, was found lying in a pool of blood within the tea plants and an inquest was held. In course of investigation, police seized articles from the place of occurrence as well as recorded the statement of witnesses. The head and body were sent for postmortem examination and the articles were forwarded to the Forensic Science Laboratory. On completion of the investigation, charge-sheet came to be filed against the appellantaccused.