NARAYAN MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) With the consent of the parties, the appeal is taken up for hearing.

(2.) The appeal is directed against judgment and order dtd. 26/7/2016 and 27/7/2016 passed by the learned Additional District and Sessions Judge, Special Court, Balurghat, Dakshin Dinajpur in Sessions Trial No. 84 of 2010 arising out of Sessions Case No. 284 of 2010 convicting the appellant for commission of offence punishable under Sec. 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs.1,00,000.00, in default, to suffer further imprisonment for two years more.

(3.) The prosecution case as alleged against the appellant is to the effect that on 2/4/2010 at night, Kartick Mondal was sleeping in the varendah of his house with his wife namely, Rubi Mondal (PW 1). Appellant, who is the brother of Kartick, suddenly attacked him with a ramda. Hearing his groaning sound, Rubi woke up and saw the incident in the light of a battery charged lamp. Appellant fled away from the spot. On the written complaint of Rubi Mondal (PW 1), Tapan Police Station Case No. 70 of 2010 dtd. 2/4/2010 under Sec. 302 of the Indian Penal Code was registered for investigation. In the course of investigation, appellant was arrested. Battery charged lamp and blood stained mosquito net were seized. Upon collecting post-mortem report, charge-sheet was filed. Charge was framed against the appellant under Sec. 302 IPC. Appellant pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined 10 witnesses and exhibited a number of documents. Defence of the appellant was one of innocence and false implication. It was his specific defence that Kartick had been murdered by some other person and he was falsely implicated. He, however, did not adduce defence evidence to probabilise such plea. In conclusion of trial, the learned trial Judge by the judgment and order dtd. 26/7/2016 and 27/7/2016 convicted and sentenced the appellant, as aforesaid.