DIPAK KUMAR DAS Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence passed by the learned Sessions Judge, Murshidabad in Sessions Trial No. 5 of February, 2001 corresponding to Sessions Serial No. 172 of 2000 arising out of Lalgola P.S. Case No. 6/94 dated 21.1.94 under Section 302/201 IPC. By the said judgment impugned the appellant Dipak Kumar Das was convicted under Section 302 IPC and sentenced to suffer R.I. for life thereunder. He was, however, found not guilty of the offence under Section 201 IPC. The prosecution case, in resume, as unfolded in the FIR is as under.

(2.) Nani Gopal Das, aged 50 yrs. was allegedly strangulated to death by his eldest son Dipak Kumar Das in his house in the intervening night of 20/21.1.94. He was found dead by his wife in his house at about 4.00 A.M. on 21.1.94. In response to her hue and cry, the para people including her eldest son, the appellant reached there. The mother of the appellant hurled accusation of patricide against her eldest son, the appellant. The deceased refused to allot any share of his properties in favour of his eldest son. It is alleged inter alia that the appellant incurred his father's displeasure since he married a girl of his choice against the will of his father. The victim was also threatened by the appellant on 19.1.94 since he apprehended deprivation of his share in the paternal properties. The deceased contemplated to sell his properties of Jagannathpur village and to settle at Pilki village by purchasing properties there. A biananama was also executed to that effect. The appellant was interrogated by the villagers present there. He confessed his guilt that he throttled his father to death and poured poison to cause disappearance of evidence. He was also slightly assaulted by some of the angry villagers.

(3.) An FIR was lodged by Sri Bikash Das, the younger son of the deceased on the aforementioned allegation. Lalgola P.S. Case No. 6/94 dated 21.1.94 under Section 302/201 IPC was registered against the appellant for investigation. Inquest of the deceased was also held on 21.1.94 at 9.15 A.M. in connection with the Lalgola U.D. Case No. 1/94 dated 21.1.94 by Rabindranath Chakraborty, S.I. of Police, PW 13 in the presence of several witnesses including the defacto complainant. The postmortem of Nanigopal Das since deceased was held by Dr. N. K. Mondal, PW 11, the then M.O., Lalbagh Sub-division Hospital on 21.1.94. The case was endorsed to Rabindranath Chakraborty, the S.I. of Police for investigation. In course of investigation, bedding materials were seized from the P.O. in the presence of the witnesses. The I.O. also examined several witnesses and recorded their statement under Section 161 Criminal Procedure Code. The accused Dipak Das was arrested on the spot on the very date of incident and one fire arm was also recovered from him and a separate case was further started against him being P.S. Case No. 794 of 1994. On completion of investigation, the charge sheet under Section 302/201 IPC was submitted against the appellant.