RATAN MITRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated 5th Feb., 2003 passed by the 3rd Bench, City Civil and Sessions Court at Calcutta in Sessions Trial No. I of June, 1999 corresponding to Sessions Case No. 64 of 1998 by which the learned Trial Court held the accused, Ratan Mitra, guilty of the offence punishable under section 302 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for life as also to pay fine of a sum of Rs. 1,000.00, in default to suffer further imprisonment for a period of one year. The facts and circumstances of the case briefly stated are as follows.

(2.) The accused-Ratan and the victim Tapan were the two brothers residing on the first floor at premises No. 1/1, Nather Bagan Lane, Calcutta-5. It was a big building and fully tenanted.

(3.) 26th June. 1998 was the fateful day as also the day of Radha Yatra and was also the day when the World Cup Final of the Football was played. It has been established by the evidence adduced on behalf of the prosecution that the accused, Ratan, till late in the evening, at the room of P.W. 3 Champa, was watching the World Cup Final in the television. Between 11.00 and 11.30 p.m. Champa switched off her television. Ratan naturally rose and went away. He early in the morning escaped from the room which he was occupying leaving the dead body of his elder brother Tapan under lock and key. He was noticed by some of the tenants of the building. Before that they had heard shrieks and noise emanating from the room. One of them had also enquired of Ratan as to what the matter was to which he replied, it was their personal affair and the neighbours need not be worried. Why had he left the room under lock and key raised curiosity of the neighbours because they knew that his elder brother was inside the room. They naturally tried to peep through the doors when blood was noticed on the floor. Police was immediately informed. In no time they arrived. The door was broke opened and the dead body of Tapan was discovered alongwith bloodstained weapon and other bloodstained articles which were duly seized under the cover of seizure list which are all on record and have duly been exhibited. The accused, Ratan, during his examination under section 313 of the Code of Criminal Procedure has admitted that he was there at the place of occurrence on the fateful night. He. however, has added that he let the place of occurrence at 12.38 a.m. in the night. He has also admitted that he was watching the World Cup Final in the room of the P.W. 3. He has added that at quarter past 12 in the night he had a quarrel with his brother, Tapan, over money matters. He has also admitted that he reached Gopalnagar at 7.30 a.m. in the morning. According to him, he had boarded Bangaon Local at 3.55 a.m. Gopalnagar is the native place of the accused where his mother, wife, child and the rest of the brothers were living, According to his statement, his mother was not there at Gopalnagar. Therefore, he went to the house of his sister between 1 /11. 10 a.m. The mother of the accused has been examined as defence witness. She has deposed that she on that day had gone to her daughter's house. The accused further stated that at 12.00 noon he came back to the place of occurrence when he found large number of people had collected threat and the people were talking that Ratan had escaped after killing I its elder brother, Tapan. According to him, after hearing this, out of fear he retarded and ultimately surrendered to the police on 5th September. 1998. According to him, he is not the murderer of his brother Tapan. He also claimed to have written a letter to his mother indicating the name of the suspect who, according to him, is Bentu. His mother, the defence witness, deposed that she had, in fact, received a letter from her son but the same was not with her nor did she make over the same to the police. But there was another letter written by the accused on 27th June, 1998 deposed to by his wife. She (P.W. 8) in that regard deposed as follows :