SUKUMAR SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal arises out of the judgement of conviction and order of sentence both dtd. 25/11/2004, as passed by the Learned Additional Sessions Judge, Fast Track Court, Durgapur in Sessions Trial No.23 of 2004 arising out of Sessions Case No.96 of 2003. By the impugned judgement learned trial court found the present appellant Sukumar Sarkar guilty of the offence under Sec. 302 of the Indian Penal Code and thus sentenced him to suffer imprisonment for life and to pay a fine of Rs.2000.00 in default to suffer further R.I for six months. The convict felt aggrieved and thus preferred the instant application.

(2.) According to the prosecution one Kanai Lal Sarkar, son of Late Chuni Lal Sarkar of Village Beraberia Govt. Colony, P.S Amdanga, District North-24-Parganas lodged a written complaint with the New Township Police Station, Durgapur, District Burdwan stating, inter alia, that marriage of his youngest sister Amala Sarkar was solemnized with one Sukumar Sarkar of Subhas Pally, Durgapur-6 about 25 years back. It was his further version in the said written complaint that on 8/4/2003 at about 4 a.m his said brother-in-law Sukumar Sarkar assaulted his sister Amala by a hammer and on hearing alarm, the children of the deceased and her neighbours rushed to the spot where the victim was found in senseless condition and at that time she was profusely bleeding. According to him the victim was thereafter taken to Bidhannagar Hospital where she succumbed to her injuries on 9/4/2003 at about 1:40 p.m.

(3.) On the basis of the such written complaint NTS P.S Case No. 28/2003 dtd. 10/4/2003 was started under Sec. 304 IPC. Investigation was taken up and on completion of the same charge sheet was submitted under Ss. 302 IPC. After commitment of the said case, the matter was transferred to the learned trial court for trial and disposal. Lower Court Record reveals that the learned trial court on the day of consideration of the charge after perusing entire materials as available in the case record and in the Case Diary framed charge under Sec. 302 IPC as against the present appellant. Since the present appellant before the learned trial court pleaded his innocence and claimed to be tried, the said trial proceeded.