UJJAL MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This Appeal is directed against the Judgment and order of conviction dated 15th March 2007 and sentence dated 17th March 2007 passed by the Additional Sessions Judge, 1st Court, Malda in Sessions Trial No. 44 of 2002 arising out of Sessions Case No.2 of 2002. By the said judgment and order the appellant was convicted under Section 302 I.P.C. and sentenced to suffer imprisonment for life with fine of Rs.1,000/-in default to suffer rigorous imprisonment for two months.

(2.) The case of the Prosecution is that on 9.10.2001 Maya Majumder, the mother of the de facto complainant was found lying dead on her cot by P.W.1 and on receiving a phone call PW.2, the de facto complainant, reached his mother's house. An F.I.R. was lodged on 9.10.2001 being the date of incident at 5.30 p.m. On receipt of the complaint English Bazar P.S. Case No.339/01 dated 9.10.2001 under Section 302 I.P.C. was initiated and investigation undertaken. During investigation the appellant was arrested and on completion of investigation a Chargesheet under Section 302 I.P.C. was submitted. The S.D.J.M., Malda took cognizance of the case and committed the case to the Court of Sessions Judge, Malda who transferred the case for disposal to the Court of Additional Sessions Judge, 1st Court, Malda. Charge under Section 302 I.P.C. was framed against the appellant and on pleading not guilty and claiming to be tried the said case was undertaken for adjudication. 14 (fourteen) witnesses were examined by the prosecution. The statement under Section 313 Cr.P.C. of the appellant was also recorded.

(3.) On appreciation of the evidence the Additional Sessions Judge, 1st Court, Malda passed the impugned judgment, order of conviction and sentence.