SANKAR BARMA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appellant has assailed the judgement of conviction dated February 15, 2020 and the order of sentence dated February 17, 2020 passed by the learned Additional District and Sessions Judge, 4th Court, Asansol in Sessions Trial No. 39 of 2012 arising out of Sessions Case No. 53 of 2012.

(2.) By the impugned judgement of conviction, the learned judge has found the appellant to be guilty under Sec. 302/379 of the Indian Penal Code, 1860. The learned Trial Judge had acquitted the appellant of the charges under Sec. 376 and 411 of the Indian Penal Code, 1860. By the impugned order of sentence, learned Trial Judge has sentenced the appellant to undergo imprisonment for life and to pay a fine of Rs.5,000.00 and in default to suffer further imprisonment of two months punishable under Sec. 302 of the Indian Penal Code, 1860 and to undergo six months imprisonment for committing the offence under Sec. 379 of the Indian Penal Code,1860.

(3.) The case of the prosecution at the trial had been that the appellant on April 7, 2012 in the mid night, nearby a pond at Korapara, Ranisayer under Raniganj Police Station, District- Burdwan, committed rape on the victim and thereby committed an offence punishable under Sec. 376 of the Indian Penal Code, 1860. The appellant had also murdered the victim and thereby committed an offence under Sec. 302 of the Indian Penal Code, 1860. The appellant had stolen one silver chain and money purse taken out of the possession of the victim intending to take such articles dishonestly without her consent thereby committed an offence punishable under Sec. 379 of the Indian Penal Code, 1860. The appellant had also on the same day, time and place dishonestly received and retained property belonging to the victim which were recovered from the possession of the appellant on April 20, 2012. The appellant had retained such stolen property belonging to the victim knowing the same to the stolen properties and thereby committed an offence punishable under Sec. 411 of the Indian Penal Code, 1860.