BISWAJIT MUDI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Police received a complaint from prosecution witness (P.W.) 2 dated September 27, 2011 on the basis of which, Goaltore Police Station FIR No.89/11 dated September 27, 2011 under Sec. 302 of the Indian Penal Code, 1860 was initiated.

(2.) In the written complaint, P.W.2 stated that, on September 27, 2011 in the morning at about 9 am when she along with her mother-in-law, the victim, were going to pluck the "Sal" leaves, she was little ahead. She suddenly heard the sound of shoes, turned back and saw the appellant attacking the victim with a sharp cutting weapon, striking on the throat with the sharp cutting weapon holding fist of hairs. She tried to stop the appellant. The appellant also tried to kill her. She then fled towards the village using alternate path and informed at home. After getting the news, some villagers came and saw the beheaded body of the victim lying inside the jungle.

(3.) Police conducted the investigations with regard to such FIR and submitted a charge sheet. Charge under Sec. 302 of the Indian Penal Code, 1860 was framed as against the appellant on September 10, 2014. The appellant pleaded not guilty to such charge and claimed to be tried at the trial.