BIPAK MUNDA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgement and order dated 29.06.2007 passed by the learned Additional District and Session Judge, 2nd Fast Track Court, Jalpaiguri in Sessions case No. 136 of 2004 (S.T No. 02 of 2006), thereby convicting the appellant under section 302 of the Indian Penal Code and sentencing him to suffer Imprisonment for life and to pay a fine of Rs. 5000/-, in default, to suffer R.I. for 6 months.

(2.) On 1.5.2004, at about 14.10 hrs, Maniram Oraon lodged one F.I.R. with Mal Police station alleging therein that on that day at about 10 a.m., Bipak Munda (hereinafter mentioned as the appellant) went to river Ghees with his two sons Chanchal, aged about 6 years and Kanchan, aged about 5 years, respectively for taking bath. Suraj Muni Munda (P.W. 5), Mamta Oraon (P.W. 3) and others saw the appellant and his two sons go to river Ghees. Sometime thereafter, the appellant came back home alone and on questioning, he disclosed that he killed his sons by forcible drowning. The villagers confined him in the house and enquired into the fact. They found the dead bodies of Chanchal and Kanchan lying on the embankment of river Ghees. The F.I.R. was registered as Mal Police station case no. 83/2004 dated 1.5.2004 at 02.10 pm The police officials of Mal police station visited the place of occurrence, held inquest of the dead bodies, sent the dead bodies for post-mortem, seized the wearing apparels of the deceased, arrested the appellant on the next date and on the conclusion of investigation, filed charge-sheet against the appellant under section 302 of IPC.

(3.) The appellant pleaded not guilty to the charge and as a consequence, the trial commenced. The learned Trial Court, upon consideration of the oral and documentary evidence came to a conclusion that the prosecution brought home the charge against the appellant and passed the judgement which is impugned in this appeal.