MANSA BHAKTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against judgment and order dated 27th April, 2015/28th April, 2015 passed by the learned Additional District and Sessions Judge, 1st Court, Jhargram, Paschim Medinipur in Sessions Trial No. 11(04)2014 convicting the appellant for commission of offence punishable under Sec. 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay fine of Rs.5,000.00 , in default, to suffer further rigorous imprisonment for one year more for the offence punishable under Sec. 302 IPC.

(2.) The prosecution case as alleged against the appellant is to the effect that on 13th October, 2012, a putrefying smell emerged from the residence of the appellant. Villagers informed the Pradhan and the Pradhan requested one Bimal Mahato, a Panchayat member (PW1) to enquire into the matter. Upon enquiry it was learnt that the appellant had murdered his mother namely, Jalda Bhakta and his brother namely, Dilip Bhakta @ Baku Bhakta and kept their bodies in the house. A written complaint was lodged by PW1 resulting in registration of Jhargram Police Station Case No.276 of 2012 dated 13/10/2012 under Sec. 302 IPC. In the course of investigation, post-mortem was conducted over the dead bodies of Jhalda and Dilip. Post-mortem doctor opined that the death, which was homicidal in nature, occurred 3-4 days prior to the post-mortem examination. The appellant was arrested. A blood stained axe was also recovered. In conclusion of investigation, charge-sheet was filed against the appellant. Charge was framed under Sec. 302 IPC against the appellant. The appellant pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined 8 witnesses to prove its case. The defence of the appellant was one of innocence and false implication. However, in the course of examination under Sec. 313 of the Code of Criminal Procedure, he admitted that he used to reside in the house wherefrom the dead bodies had been recovered. In conclusion of trial, the trial Judge by the impugned judgment and order dated 27th April, 2015/28th April, 2015 convicted and sentenced the appellant, as aforesaid.

(3.) Mr. Kausik Gupta, learned counsel appearing for the appellant submits no evidence was led by the prosecution to show the appellant was present at the time when the murder occurred. He further submits prosecution case is most unnatural as none of the neighbours heard of any quarrel or shout in the residence of the appellant. It is further argued that the appellant had no motive to commit the murder. Referring to the conduct of the appellant who remained silent inspite of the death of his mother and brother for 3-4 days and the evidence of PW3, it is argued that the appellant was insane at the time of occurrence and ought to be acquitted.