ANIL RAI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal is against the order of conviction and sentence passed on 20.11.2006 and 21.11.2006 in Sessions Trial Case No. 9 of 2005 by the learned Additional Sessions Judge, 3rd Court, Darjeeling.

(2.) The facts leading to the appeal, in short, are as follows:-

(3.) On 22.12.2001 one R. K. Subba submitted a written complaint to the Officerin- Charge of Jorebungalow P.S., District Darjeeling and stated therein that at about 6.30 a.m. in that morning one Sunita Lepcha of his village came to him and reported that in the previous night at about 10 p.m. the present Appellants, i. e., the Appellants Anil Rai and Probin Subba alias Provin Subba along with one Kalu alias Kabi Rai entered their house while they were sleeping and thereafter assaulted her brother-inlaw Sujit Lepcha with wooden sticks and dragged Sujit Lepcha out of their house and killed him. On the basis of such complaint Jorebungalow P.S. Case No. 55 of 2001, dated 22.12.2001 had been registered against the aforesaid three accused persons under Section 448/302/34 I.P.C. The case had been thereafter made over to S.I. Kumar Chettri of the Police Station for investigation. Investigation started and after completion of investigation charge-sheet under Section 448/302/34 I.P.C. had been submitted against the aforesaid three accused persons. Case had been committed to the court of Sessions Judge, Darjeeling in due course and ultimately the case had been transferred to the court of Additional District and Sessions Judge, 3rd Court at Darjeeling, for trial.