LAWS(CAL)-2004-12-14

BABLU MAHANTO Vs. STATE OF WEST BENGAL

Decided On December 09, 2004
BABLU MAHANTO Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) This appeal is at the instance of a convicted person charged under section 302 of the Indian Penal Code and is directed against order dated 27th February, 1997 passed by the Additional Sessions Judge, Second Court, Siliguri, District-Darjeeling in Sessions Case No. 2(S) of 1996 (Sessions Trial No. 9 of 1996) thereby holding the appellant guilty and sentencing him to life imprisonment.

(2.) The prosecution case is based on FIR dated 21st September, 1995 lodged by the father of the victim, a girl studying in Class-VIII, who had suffered multiples stabs by knife on that day at about 1:30 p.m. while she was coming back from school along with her two classmates. In the said complaint, it was alleged that the accused, while the victim was coming from school, started pulling her hand which she opposed and suddenly, the accused bought out a knife and made repeated assaults on her body. As a result, the victim was taken to the local hospital in a seriously injured condition.

(3.) Subsequently, on 23rd September, 1995 the victim succumbed to the injuries.