MANTU ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal arises out of the judgement dtd. 18/1/2007 and the order of sentence dtd. 19/1/2007 as passed by learned Additional Sessions Judge, 2nd Court, Nadia , in Sessions Trial No.1(VIII) 2006 arising out of Sessions Case No.52(6) of 2006 whereby and whereunder the said court found the accused Mantu Roy guilty of committing offence under Sec. 302 IPC and thus sentenced him to suffer imprisonment for life and also to pay a fine of Rs.5000.00 in default to suffer simple imprisonment for six months. The convict Mantu Roy felt aggrieved and thus preferred the instant appeal.

(2.) For effective disposal of the instant appeal the facts leading to initiation of the aforementioned Sessions Trial is required to be discussed in a nutshell. One Rebati Bairagya, wife of Sukhamoy Bairagya of village Chakbehari Ghosh para, P.O Natipota, P.S Tehatta, District Nadia lodged a written complaint dtd. 5/4/2006 with the I/C Tehatta Police Station stating, inter alia, that on the self same day at about 9:30 A.M. her said husband went to Chakbehari Sardar para for begging. It is her further version that at that time a hot altercation took place between her husband and the said Mantu Roy, the appellant herein and thereafter the said Mantu Roy went back to his home and came out therefrom with a 'hansua' (a sharp cutting weapon) and thereafter by saying that he would kill the victim, gave a blow of the said 'hansua' on the belly of her husband and as a result whereof her husband (the victim) suffered serious bleeding injury and fell down on the earth and thereafter after hearing an alarm as raised by the victim the nearby people rushed to the P.O and they took the victim, to Tehatta Hospital wherefrom he was referred to Shaktinagar Hospital for better treatment.

(3.) On the basis of such complaint, Tehatta P.S Case No. 75/06 dtd. 5/4/2006 under Ss. 326/307 IPC was started. Investigation was taken up and in course of such investigation the victim succumbed to his injuries. On completion of such investigation the I.O (PW 18) submitted charge sheet under Ss. 326/302 against the said accused. After commitment and transfer, the learned trial court considered the entire materials as placed before him and by his order dated August 3, 2006 framed charge under Sec. 302 IPC as against the present appellant herein. In order to bring home the charge as against the accused, 18 witnesses have been examined by the prosecution and several documents and one material were exhibited on behalf of the prosecution. Though before the learned trial court, the accused has not adduced any evidence but from the trend of cross-examinations of the prosecution witnesses and the answers as given by the accused in course of his examination under Sec. 313 Cr.P.C, it appears to us that defence case is based upon clear denial and false implication.