MANJIL RAI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This instant appeal arises out of a judgment and order of conviction dtd. 25/11/2011 and 28/11/2011 passed by the Learned Additional Sessions Judge, Fast Track Court, 2nd Court, Alipurduar in Sessions Case No. 24/11, Sessions Trial No. 18/11 convicting the appellants under Ss. 302/34 of the Indian Penal Code (for short IPC) and sentencing them to suffer rigorous imprisonment for life and to pay fine for Rs.5000.00 each in default further rigorous imprisonment of one year each.

(2.) The complaint dtd. 30/8/2010 narrated that the complainant Pradip Kalikote, uncle of Sarat Kalikote since deceased was asleep in his house on 29/8/2010 accompanied by his wife Binda Kalikote and daughter Ritu Kalikote. In between 10 pm. to 10:30 pm, he heard his aforesaid nephew crying out his name as 'uncle'. Thereafter, he lit up the lamp and saw the convicts namely Manjil Rai and Bidhan Mongar, the co-villagers to flee besides his house. Having heard the voice of his nephew the complainant and his family members reached out to find his nephew Sarat Kalikote lying injured with a sharp weapon. Consequently he sought for the punishment of the culprits.

(3.) Based on the written complaint Jaigaon P.S case No. 294/2010 dtd. 30/8/2010 under Sec. 302 IPC was instituted and the investigation culminated through submission of charge-sheet against the aforesaid Manjil Rai and Bidhan Mongar under Sec. 302/34 IPC. Subsequently, charges were framed against the appellants under Sec. 302/34 IPC to which they pleaded not guilty and claimed to be tried.