ALOK DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appeal is directed against the judgment and order dtd. 9/4/2015 and 10/4/2015 passed by the learned Additional Sessions Judge, Fast Tack 2nd Court, Tamluk, Purba Mednipur in Sessions Case No. 90(10)/2004 arising out of Sessions Trial No. 3(06)/2006 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 fine of Rs.5,000.00, in default, to suffer rigorous imprisonment for six months more.

(2.) Prosecution case, as alleged against the appellant was initiated on the basis of a written complaint lodged by one Sukhdev Khatua (P.W.1), son of the deceased namely, Durgapada Khatua. In the complaint he alleged on 15/11/1999 at about 6.30 a.m. his neighbour Srimanta Patra informed him he noticed a dead body beside the road at Baburhat bazaar.

(3.) P.W. 1 was called upon to ascertain whether the body as that of his father or not. He proceeded to the spot and identified the body as that of his father. There was a deep cut injury on the throat and several injury marks on the head caused by a sharp cutting weapon. A suitcase and two jute bags were lying on the opposite side of the road and some of the clothes therein did not belong to his father. His father used to commit theft in various houses. On the basis of the aforesaid written complaint, Mahishadal Police Station case No. 76 of 1999 dtd. 15/11/1999 under Sec. 302 I.P.C. was registered against unknown persons. In course of investigation, inquest was held over the dead body and post mortem was conducted by P.W. 14. During investigation various witnesses including one Srikanta Jana (P.W. 9) were examined. Statement of Srikanta was recorded under Sec. 164 of the Code of Criminal Procedure also. As complicity of the appellant transpired through the aforesaid statement, he was arrested. On his showing, weapon of offence was recovered.