JULIOUS TETE Vs. STATE

JUDGEMENT

(1.) This Jail Appeal at the instance of the convict Julious Tete was forwarded to this Court by the Superintendent of Berhampore, Central Jail, Murshidabad. The appellant Julious Tete challenged the judgment and order of conviction and sentence dated 8.1.97 passed by the learned Session Judge, Jalpaiguri in Sessions Case No.52 of 1994 (S.T. No.9/95) arising out of G.R.Case No.1376 of 1992. By the said judgment the appellant was found guilty under section 302 IPC, convicted thereunder and was sentenced to suffer R.I. for life and also to pay a fine of Rs.3000/- in deafulat to suffer R.I. for one year.

(2.) Prosecution case in brief is that on getting a written complaint from Dipak Basu, a Pharmasist of Kunal Tea Estate P.S. Mal, Jalpaiguri FIR 172/92 dated 2.11.92 was drawn under section 326 of IPC in course of investigation it was detected that one Bhowa Bhakta with bleeding injuries was sent to Jalpaiguri Sadar Hospital on 11.1.92 night where he succumbed to his injuries on the following day. On receipt of the post mortem report a prayer was made on 24.9.93 to add section 304 IPC and the said prayer was allowed. On completion of the investigation charge sheet under section 326/304 IPC was submitted and the case was committed to the Court of Sessions on 16.12.94.

(3.) The learned Sessions Judge by order No.6 dated 28.3.95 was pleased to frame charge under section 302 IPC against the appellant/accused who pleaded not guilty to the charge. Accordingly ten witnesses including the Investigating Officer were examined by prosecution. However, no defence witness was examined as the defence case is complete denial of the prosecution case.