BABLU MALLICK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the decision of the Judge, Special Court cum- Additional Sessions Judge, Burdwan in Sessions Case No. 27 of 2003 dated 21st February, 2004. The appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code and has been sentenced to suffer imprisonment for life and to pay a fine of Rs. 2000/-(Rupees Two Thousand only); in default of payment of fine the appellant has been directed to suffer rigorous imprisonment for six months.

(2.) A complaint was lodged on 13th March, 2001 by Uttam Mallick stating that his brother Khokon Mallick had been killed while he was sleeping in the paddy field on 12th March, 2001. The complainant mentions that Khokon and Binode Roy used to water the paddy field and at night they slept in a hut on the field. At 2.00 a.m. on 13th March, 2001, Binode found that Khokon was not present in the hut. He then went near the shallow pump near the hut and saw Khokon lying there with his throat slit. Binode Roy then called out to Motilal Hembram who resided on the other bank of the pond. Motilal Hembram and Binode then informed the members of the family of Khokon about his death. The complaint was sent on 20th March, 2001 to the SDJM, seven days after the FIR was registered.

(3.) The appellant was arrested about six months after the death of Khokan although he was not named in the complaint as the assailant. The inquest was conducted on the same day at about 9.00 a.m. The description of the dead body and the injuries sustained have been mentioned in the inquest report. From a primary investigation it was mentioned that the body was found lying near the shallow machine which belonged to Chittaranjan Ghosh. The preliminary investigation did not indicate that the appellant was the assailant.