AMAR SHEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment of conviction dtd. 29/1/2021 and order of sentence dtd. 30/1/2021 passed by learned First Additional Sessions Judge, Hooghly in connection with the Sessions Trial No. 06(02) of 2017 arising out of Sessions Case No. 202 of 2016 convicting the appellant under Sec. 302 of the Indian Penal Code.

(2.) On 3/5/2016, one Arati Bag of Anandamath, Chinsurah, Hooghly lodged a written complaint with Chinsurah Police Station on an allegation that her son Bablu Bag aged about twenty-two years used to reside alone at the house. He used to drink extensively and beat her. In order to save herself, she took shelter at her daughter's house. In 3/5/2016, according to her, a foul smell was found emanating from her son's house. Local people went there and found her son strangled to death. The de facto complainant also stated that her son used to be accompanied by her son-in-law Amar Shee @ Ganga, son of Shakti Shee of Kapasdanga. She also stated that on 30/4/2016, her son was drinking wine with her son-in-law and since the death of her son, he has been absconding. She stated that she believed that her son was killed by Amar Shee.

(3.) On the basis of such written complaint, Chinsurah P.S. Case No. 202 dtd. 3/5/2016 was started against Amar Shee @ Ganga under Sec. 302 of the Indian Penal Code. A separate UD case being Chinsurah P.S., U.D. Case No. 226 dtd. 3/5/2016 was started and an inquest upon the dead body was conducted on 3/5/2016 itself.