BUDHIBAL SUBBA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgement and order dated 22/23.02.2005 passed by the learned Additional Sessions Judge, 2nd Court, Darjeeling in Sessions Trial No. 13/2004 arising out of Sessions Case no. 11/2004 convicting the appellants under Sections 302/34 of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for life with fine of Rs.3,000/- each and, in default of payment of fine, to undergo further R. I. for one year. The period of detention in jail custody, as under trial prisoners, was directed to be set off.

(2.) On 23/4/2004 at about 8.05 am, one Nirmala Thapa (stated to be the sister of the deceased) made a written report before the Inspector-in-Charge, Sadar Police Station, Darjeeling against the appellants herein alleging, inter alia, as follows:

(3.) On the basis of the aforementioned written report, the concerned police instituted Darjeeling Sadar P.S. case No. 32 of 2003 dated 23/4/2003 under Section 302 of the Indian Penal Code and took up investigation. Charge sheet was submitted against the appellants and the case was committed to the Court of the learned Sessions Judge, Darjeeling whereafter it was transferred to the Court of the learned Additional Sessions Judge, 2nd Court, Darjeeling for trial and disposal. After receiving the records, charges were framed under Sections 302/34 of the Indian Penal Code against the appellants who pleaded not guilty and prayed for being tried. Finally, after exhausting the procedure laid down in the Code of Criminal Procedure, the impugned judgment was passed, convicting the appellants and sentencing them, as aforesaid.