SANKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant has been convicted under Section 302 of the IPC sentenced to suffer imprisonment for life with a fine of Rs. 5000/- (Rupees five thousand only) and in default of payment of fine to suffer imprisonment for one year more by the Additional District and Sessions Judge, Fast Track Court, Alipurduar, by his judgment and order dated 22nd March, 2004.

(2.) A quarrel between two brothers has resulted in one of them dying.

(3.) The Judgment under appeal has been criticized by the learned Counsel for the appellant by pointing out that the FIR was lodged after a delay of more than 24 hours. He further pointed out that the FIR did not mention that there was a quarrel between the appellant and the deceased, which led to the stabbing of the deceased. The learned Counsel has also drawn our attention to the fact that though the sons of the deceased have been examined as eye-witnesses as PWs 2 and 3, their presence has not been mentioned in the FIR. The learned Counsel has also submitted that the evidence on record indicates that there was a sudden breaking of windows and doors and the FIR does not indicate that such things had occurred. Learned Counsel, therefore, has submitted that the entire case of the prosecution is based on witnesses who were related to the deceased and, therefore, their evidence ought not to be believed. Another major lacuna, according to the learned Counsel in the prosecution case, is that the weapon of assault has not been seized.