KAYESH ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appellant has assailed judgment and order dtd. 19/12/2007 and 24/12/2007 passed by the learned Additional Sessions Judge, First Court, Malda in Sessions Trial No. 50 of 2005 arising out of Sessions Case No. 105 of 1997 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.2,000.00, in default, to suffer rigorous imprisonment for six months more.

(2.) Prosecution case as alleged against the appellant is to the effect that on 28/3/1996 when the victim viz., Masuda Khatun, a student of Class IX of Jadupur High School was returning from the school around 6.00 p.m. after completing her examination, appellant attacked her with a 'gupti' in front of the house of Mojammel Hoque Choudhuri. Due to such attack, the victim fell on the spot and died. Hearing her cries, her father, Mansoor Ali Chowdhury (P.W.1) came to the spot and saw the incident. Appellant also attacked Mansoor Ali Chowdhury. Appellant was detained at the spot by Jobed Ali Chowdhury (P.W.11). Written complaint was lodged by Mansoor Ali Chowdhury resulting in registration of Chanchal Police Station Case No. 24 of 1996 dtd. 28/3/1996 under Sec. 302 of the Indian Penal Code. In course of investigation, police seized various articles including weapon of offence i.e. 'gupti'. Appellant was arrested. Charge sheet was filed. Charge was framed under Sec. 302 IPC. Appellant pleaded not guilty and claimed to be tried. In course of trial, prosecution examined 15 witnesses and exhibited a number of documents. Post mortem report of the victim was exhibited on admission.

(3.) In conclusion of trial, learned trial Judge by the impugned judgment and order dtd. 19/12/2007 and 24/12/2007 convicted and sentenced the appellant, as aforesaid.