SWAPAN DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) BEING aggrieved by and dissatisfied with the judgement and order of conviction dated 06.08.2003 passed by Sri I. Chatterjee, learned Additional Sessions Judge, Fast Track Court, Diamond Harbour in S.C. Case No. 63(12) of 2001 and thereby convicting the appellant under Section 304 I.P.C. and under Section 324 I.P.C. and sentenced him to suffer R.I. for seven (7) years and to pay fine of Rs. 20,000.00 (Rupees twenty thousand) in default to suffer S.I. for further twenty one (21) months for the offence under Section 304 Part – I of the Indian Penal Code and one year R.I. for the offence under Section 324 I.P.C.

(2.) SHORTLY put, the petitioner case is that the victim Biswanath Das was the brother of the accused and the other victim is the wife of Biswanath. There was quarrel before three days of incident between Biswanth, Pradip and the son of Biswanath 's Sister Nemai. The matter did not end there. Accused procured a karari and he was waiting outside the room of Sabita when her husband was out of the house. Biswanath returned in the night on 11.03.1994 and summoned his wife. Sabita, wife of Biswanath went to open the main door after crossing the courtyard.

(3.) THE defence case as it appears from the trend of the crossexamination of the prosecution witnesses and the answer given by the accused person to his examination under Section 313 Cr.P.C. is that of absolute innocence. Moreover, it was the specific plea of the accused that he was falsely implicated in this case.