SAMBHU MISHRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dtd. 29/11/2016 and 30/11/2016 passed by learned Additional Sessions Judge, Fast Track 2nd Court, Hooghly in Sessions Case No. 49 of 2012/202 of 2014 convicting the appellants for commission of offence punishable under Sec. 302/34 of the Indian Penal Code and sentencing them to suffer imprisonment for life and to pay a fine of Rs.30,000.00 each and in default to suffer further imprisonment for three years more.

(2.) Prosecution case, as alleged against the appellants is to the effect that on 27/9/2010 around 8.00 p.m., Apu Das had gone out of his house. At that time, he was assaulted by Sambhu Mishra with the assistance of his brother-in-law Sunil Das with a sharp cutting weapon.

(3.) Hearing hue and cry, Bishnupriya Das, mother of the victim (P.W. 1) rushed to the spot. Local people had also assembled at the spot. Seeing them, appellants fled away from the spot. Apu was removed to Chinsurah District Hospital where he was admitted. On the written complaint of Bishnupriya Das, Mogra Police Station Case No.167 of 2010 dtd. 27/9/2010 under Ss. 341/326/34 of the Indian Penal Code was registered. Apu died in the hospital on 28/9/2010 at 1:40 a.m. Sec. 302 of the Indian Penal Code was added to the first information report. In the course of investigation, appellant No. 2 Sunil Das was arrested. On his leading statement weapon of offence, a blood stained knife, was recovered from a bush behind the boundary wall of a paper mill.