PADDA SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appellant has assailed judgment and order dtd. 21/3/2013 and 22/3/2013 passed by the learned Additional Sessions Judge, 6th Fast Track Court, Malda in Sessions Trial no. 36 of 2012 arising out of Sessions Case no. 166 of 2012 convicting the appellant for commission of offence punishable under Sec. 302 IPC and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs.5,000.00 in default to undergo simple imprisonment for one year more.

(2.) Prosecution case as alleged against the appellant is to the effect that on 7/3/2012 at 8.30 p.m. the appellant came in a drunken condition to a tea stall owned by one Tiren Singh. Basu Singh, the victim was standing near the tea stall. An altercation ensued between the appellant and the victim over a mobile phone. Appellant threw down the mobile phone on the road. When Basu Singh objected, he stabbed him repeatedly with a knife. As a result victim suffered injuries and died at the spot. Basant Singh (PW6) lodged FIR resulting in registration of Harishchandrapur P.S case no. 103 of 2012 dtd. 8/3/2012 under Sec. 302 IPC against the appellant. In the course of investigation, appellant was arrested. On 8/3/2012 weapon of offence i.e blood stained knife was recovered.

(3.) Charge sheet was filed against the appellant and charge was framed under Sec. 302 IPC. Appellant pleaded not guilty and claimed to be tried.