BIMAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal arises out of a judgement and an order passed by the Court of Learned Additional Sessions Judge 3rdCourt at Darjeeling, dtd. 29/9/2015 and 30/9/2015 respectively in Session Case No. 9 of 2013, convicting the appellants under Ss. 302/201/34 of the Indian Penal Code and sentencing them to suffer imprisonment for life and to pay fine of Rs.50,000.00 only in default to suffer simple imprisonment of 3 years for the offence punishable under Sec. 302/34 of the Indian Penal Code and to suffer rigorous imprisonment for 5 years and to pay fine of Rs.5,000.00 only in default to suffer simple imprisonment a year for the offence punishable under Sec. 201/34 of the Indian Penal Code.

(2.) The genesis of the prosecution case relates to Jorebunglow Police Station Case No. 74 of 2012 dtd. 15/11/2012 under Ss. 302/201/34 of the Indian Penal Code which was set into motion pursuant to an FIR and a written complaint lodged by one Deo Kumar Chettri stating that on 14/11/2012 at about 8.30 p.m., Bimal @ Raney Chettri and his wife Amrita Chettri herein the appellants came crying saying that Ranim Chettri, brother of Bimal Chettri, became unconscious after falling on the ground near their house. On receiving such information, the de facto complainant along with the co-villagers rushed to the place of occurrence and found Ranim Chettri lying covered in blood. On lifting his body and bringing it to his house it was realised that he had died.

(3.) The next day, i.e., 15/11/2012 on inquiring Bimal Chettri and Amrita Chettri admitted to the villagers that on 14/11/2012 at about 6 p.m. Ranim Chettri asked for food to Amrita Chettri, meanwhile, a heated altercation ignited between Bimal Chettri and Ranim Chettri. Owing to which Bimal took a split wood/firewood and assaulted Ranim on his head, resulting to which Ranim fell down on the floor. Being unsure of Ranim's death Bimal gave another blow of the split wood on Ranim resulting in his death. Following which Bimal Chettri and Amrita Chettri concealed the dead body in the vegetable garden.