ASRAF ANSARI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appellant has preferred the present appeal against the Judgement of conviction dated December 21, 2019 and the order of sentence dated December 23, 2019 passed by the Additional Sessions Judge, 1st Court, Durgapur, in Sessions Trial No. 78 of 2013 arising out of Sessions Case No. 251 of 2013.

(2.) The case of the prosecution at the trial had been that, Nafisa Khatun was coming from school along with her daughter when, the appellant, suddenly attacked her, randomly stabbed her with a sharp weapon on the Najirabad Main Road in front of the house of Ajij Miya. Police had received a written complaint with regard to the murder from Prosecution Witness (PW) 1 on September 4, 2013 which was registered as a First Information Report being Andal Police Station F.I.R No. 347 dated September 4, 2013 under Sec. 302 of the Indian Penal Code, 1860.

(3.) Police conducted an investigation with regard to the such written complaint and on conclusion of the investigation, police had submitted a charge sheet against the appellant. The Court had framed a charge under Sec. 302 of the Indian Penal Code, 1860 against the appellant on December 11, 2013. The appellant had pleaded not guilty and claime to be tried.