DEBASISH CHOWDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal arises out of the judgement and order dtd. 12/11/2009 as passed by the Learned Additional Sessions Judge, 2nd Court, Jalpaiguri, in Sessions Trial No.9/03 arising out of Sessions Case No. 92/1999 and GR Case No.228/98 whereby and whereunder the said court by the impugned judgement found the present appellant guilty under Sec. 302 of the Indian Penal Code and thus sentenced him to suffer imprisonment for life and pay fine of Rs.5000.00 i.d to suffer imprisonment for one year more. The convict felt aggrieved and thus preferred the instant appeal.

(2.) For effective disposal of the instant appeal the facts leading to filing of the instant appeal are required to be dealt with in a nut shell.

(3.) On 2/3/1998, one Krishna Sarkar, wife of Manik Sarkar, village Netajipara, P.S Dhupguri, District Jalpaiguri lodged a written complaint with the officer-in-charge, Dhupguri Police Station stating, inter alia, that her daughter Manasi Sarkar, a student of Class VI of Dhupguri Balika Vidyalaya, was proceeding towards her school at about 10:30 a.m and on her way near the local bus stand, one of his neighbours namely; Debasish Chowdhury intervened and stabbed her said daughter on her abdomen and breast and as a result of such assault her said daughter became senseless and she was thereafter taken to Dhupguri P.H.C. It is her further assertion that since the condition of her daughter deteriorated she was then referred to Jalpaiguri Hospital where on the date of lodging of the FIR she was struggling for her life.