SK. ALIMUDDIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellants had been convicted for murder of a seven year old girl, Ashmina Khatun. Ashmina was the daughter of the 1st appellant and the 2nd appellant was her step-mother. She used to reside with the couple at the residence of the 1st appellant in village Kishorechak P.S. Kolaghat. On 7/5/2014 at around 5p.m. it is alleged that the appellants by putting a pillow on her face smothered her to death. Her mother, Asiran Bibi (P.W. 1), divorced wife of the first appellant received information over telephone and rushed to the residence of the appellants on the next date. She lodged first information report resulting in registration of first information report being Kolaghat P.S. Case No. 187 of 2014 dtd. 8/5/2014 under Ss. 302/201/34 of the Indian Penal Code and was also present during inquest over the dead body of the deceased. It is alleged soon after the incident the appellants had confessed to the villagers about their guilt. During investigation police seized a pillow which was used to commit the crime. In conclusion of investigation, charge-sheet was filed and the case was committed to the Court of Sessions and transferred to the Court of the Additional Sessions Judge, F.T.C.-II, Tamluk, Purba Medinipur for trial and disposal of the case. Charges were framed under Ss. 302/201/34 of the Indian Penal Code and the appellants pleaded not guilty and claimed to be tried. In course of trial prosecution examined thirteen witnesses and exhibited a number of documents. The defence of the appellants was one of innocence and false implication. In conclusion of trial learned trial judge by judgment and order dtd. 21/8/2018 and 23/8/2018 convicted and sentenced the appellants, as aforesaid.

(2.) The period of detention suffered by appellant during investigation, enquiry or trial shall be set off under Sec. 428 of the Code of Criminal Procedure.