KABIR SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgement and order of conviction and sentence passed by learned Additional Sessions Judge-cum-Judge, Special Court, Burdwan in Sessions Case No. 120 of 1991 (Sessions Trial No.12 of 1993) under Section 302 of Indian Penal Code.

(2.) The prosecution case in short is that, on 18.11.1989 at about 9 p.m. the deceased Krishnadhan Chaudhuri along with his father, mother and his relative Hasirani Chaudhuri were taking dinner in their kitchen. The wife of the deceased was serving the dinner. Suddenly, the accused/convict with a sharp cutting weapon in his hand and placing one step inside and other step outside the kitchen dealt blows over the head of Krishnadhan Chaudhuri behind his back and fled away. The wife and father of the deceased identified the assailant/convict in the light of the kerosene lamp. There was hue and cry and local people came and brought the injured to Kalna Hospital where he died. On the next day, the father of the deceased lodged a written complaint with the officer-in-charge, Purbasthali P.S. Police registered the case under Section 302/34 of the Indian Penal Code. Police started investigation and arrested the accused/convict along with another accused namely Manik Chaudhuri. On the basis of the prayer of the investigating officer, TI Parade was held. The father and the wife of the deceased identified the convict Kabir Sk. as assailant of deceased Krishnadhan Chaudhuri. After completion of investigation, Investigating Officer submitted a charge-sheet against the convict Kabir Sk. under Section 302 of the Indian Penal Code. Learned Trial Court, thereafter framed charge against the accused/convict Kabir Sk. under Section 302 of the I.P.C. The charge was read over and explained to the accused person who pleaded not guilty and claimed to be tried. Prosecution examined 9 witnesses and filed the documents which have been marked exhibit as per list. The accused person was examined under Section 313 of Cr.P.C.

(3.) The defence case as it appears from the trend of cross-examination of prosecution witnesses and examination of accused person under Section 313 of Cr.P.C., is a plea of innocence and denial of charge levelled against him. No defence witness has been examined.