HAREN DEOGHORIA Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgement and order of eviction dated 14.8.96 and sentence dated 19.8.96 in Sessions Case No. 40 of 1995 (Sessions Trial No. 5 of 96) passed by learned Sessions Judge at Purulia. By the said judgement the learned Sessions Judge found the accused Haren Deoghoria guilty of offence punishable under section 302 of the Indian Penal Code and convicted the accused thereunder and sentenced him to suffer rigorous imprisonment for life and also to pay a fine of Rs. 2,000/- i.d. to suffer further rigorous imprisonment for six months.

(2.) Prosecution case in brief is that on getting an information about the injury caused to a person police party went to the field in village Bela Bandaha within P. S. Burrabazar, District Purulia at about 1.05 p.m. of 11.12.93 and recorded the statement of one Amar Deoghoria to the effect that he was assaulted by one Haren Deoghoria by means of knife and banti (vegetable cutting instrument). The statement was reduced into writing by the Investigating Officer on which the victim put his L.T.I, and it was sent to the police station for starting a case on the basis of which Bela Bandaha P.S. Case No. 91/93 dated 11.12.93 was started under section 326/307 of the IPC. Police took up the case for investigation and in course of investigation seized the blood-stained weapons, examined witnesses and on completion of investigation submitted chargesheet on 10.5.94 under section 302 of IPC.

(3.) Be it mentioned here that initially on the prayer of the Investigating Officer on 12.12.93 section 304 of the IPC was added when the death news of the victim was collected.