PUTUL MAJHI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been filed by the convict/appellant assailing the judgment and order dtd. 27/11/2014 passed by the learned Additional Sessions Judge, 3rd Court, Purulia in Sessions Trial No. 20 of 2013 arising out of Sessions Case No. 234 of 2013, whereby convicting the appellant punishable under Sec. 302 of the IPC and sentenced him to suffer rigorous imprisonment for life and also to pay a fine of Rs.5,000.00 with a condition that if he fails to pay the fine amount, he further suffered simple imprisonment for two months and if he paid the fine amount in full then 1/4th of the fine amount to be paid to the wife of deceased after due identification and verification. Facts of the Case :

(2.) One Bindu Majhi lodged a written complaint to the effect that on 29/4/2013 in the night at about 2 a.m., Putul Majhi, the youngest son of his uncle Rupai Majhi attacked his own eldest brother Kanglu Majhi with an axe while he was sleeping. When the family members of Kanglu came to rescue him, Putul Majhi fled away from the spot. Victim Kanglu Majhi was removed to Balarampur Hospital for his treatment. But after primary treatment, he was again shifted to Purulia Sadar Hospital for better treatment. He ultimately succumbed to his injuries. On the strength of the said written complaint, Balarampur Police Station Case No. 22 of 2013 dtd. 29/4/2013 under Sec. 302 of the Indian Penal Code was registered against the appellant, Putul Majhi and the investigation commenced.

(3.) During investigation, I.O. visited the P.O., prepared a rough sketch map with index, recorded the statement of witnesses, seized alamats, collected injury reports and post-mortem report. On completion of investigation, I.O. submitted charge-sheet against the appellant under Sec. 302 of the Indian Penal Code and same was committed to the Court of Sessions for trial.