HIRANMOY DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is directed against the Judgment and Order of conviction passed in Sessions Trial Being No.3 of 2003 and Sessions Case being No.2 of 2003 passed by the learned Additional Sessions Judge, Raiganj Uttar Dinajpur on 22nd February, 2005 and 23rd February, 2005 holding the appellants/accused persons guilty of offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer Rigorous Imprisonment for life and to pay fine of Rs.10,000/- each in default of payment of fine to suffer imprisonment for further period of one year.

(2.) Put in a short frame, the prosecution case runs as under :

(3.) On 09.09.2002 one Amaresh Kundu of Schoolpara, Kaliaganj, as usual was proceeding towards his brick field in his motorcycle with his wife on the back seat when he started from home. On the way, he dropped his wife at the bus stand who proceeded towards her office. Thereafter, the deceased alone proceeded to his destination through Collegepara Road. On the way at the place of occurrence on the said Collegepara Road, the accused Poltu Pakrashi asked the deceased to stop there and the deceased accordingly stopped. It was about 11 a.m.. Accused Hiranmay @ Tubai was also with Poltu at that time. When Poltu and the deceased were talking in high pitch at that time accused Tubai attacked the deceased from behind and assaulted him on his back by his knife. Then the deceased tried to flee away therefrom and tried to take shelter in a nearby house but failed as door was closed from inside. He then started running towards north side and both the accused persons chased him and caught hold him and thereafter assaulted almost all over his body with sharp cutting weapons. The deceased could not escape himself from the clutch of the accused persons and fell down on the earth in front of the house of Chittaranjan Das and expired there. After receiving the news of murder of Amaresh, his brother Animesh Kundu along with his worker/employee rushed to scene of occurrence. He subsequently lodged F.I.R before O.C. Kaliaganj P.S. and accordingly Kaliagunj P.S. Case No.108/2002 dated 09.09.2002 was registered for the offence u/s 302/34 of the Indian Penal Code. O.C. Kaliaganj, S.I Amit Pal took up investigation of the case and after completion of investigation he submitted charge-sheet.