SUJIT DOLUI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This Criminal Appeal No. 82 of 2002 is directed against the judgment and order dated 14.2.2003 passed by the learned Additional Sessions Judge, 2nd Court, Birbhum in Sessions Trial No. 2 of August, 2002. The learned Trial Court by its impugned judgment convicted the condemned/ appellant in respect of the charge of section 302/201 of the Indian Penal Code and sentenced him to death.

(2.) Death Reference No. 2 of 2002 was submitted in respect of the said conviction.

(3.) On the basis of a chargesheet, submitted by P.W. 23, the condemned/ appellant was placed on trial before the learned Additional Sessions Judge to answer the following charges : Firstly, "That you, on or about the 9th day of February, 1996 corresponding to 26th Magh, 1402 B.S. at Bhubandanga, within Bolpur P.S. did commit murder by intentionally causing the death of Purnadas Hazra alias Raghu and thereby committed an offence punishable under section 302 of the Indian Penal Code, and......... Secondly, "That you, on or about the same day of at having reason to believe that certain offence, to with murder of Purnadas Hazra alias Raghu, punishable with death or imprisonment for life has been committed, did cause certain evidence of the said offence to disappear, to wit removed some articles with the intention of screening yourself, from the punishment, and thereby committed an offence punishable under section 201 of the Indian Penal Code....."