DHANANJOY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The judgment of conviction dated December 22, 2015 and order of sentence dated December 23, 2015 passed by the learned First Additional District and Sessions Judge, Purulia in connection with Sessions Trial No. 32 of 2015 arising out of Sessions Case No. 221 of 2015, has been assailed in the present appeal.

(2.) By the impugned judgment and order the appellant was convicted for the offences punishable under Sec. 302/307 of the Indian Penal Code and was sentenced to undergo life imprisonment and a fine of Rs.10,000.00 for the offences punishable under Sec. 302 of the Indian Penal Code and in default of payment of fine, the appellant was to undergo simple imprisonment for further period of six months. The appellant was also sentenced with life imprisonment for the offence punishable under Sec. 307 of the Indian Penal Code.

(3.) On May 07, 2015, the wife of the victim lodged a written complaint with the police to the effect that on May 06, 2015 her husband went to his in-laws' house. She had talks with her husband over telephone at 8.00 p.m.when her husband disclosed that he was at the house of one Budhu Singh. At about 10.00 pm in the night she came to know that the son of one of her brother-in-law in distant relation i.e. the appellant killed her husband near a school namely Dhadka Uparpara Sishu Siksha Kendra. Hearing such news the de facto complainant with her family members came to the place of occurrence and found her husband lying dead with broken scalp and bleeding injuries on the back side of the aforesaid school near the mother's house of the appellant. The de facto complainant also disclosed that she came to know that on May 06, 2015 at around 9/9.30 pm the appellant dealt a powerful blow on the head of the victim with the help of a thick wooden handle of Gaiti with an intention to kill him and her husband died instantly. It was also stated that her husband was killed by the appellant in order to grab the share of lands of the victim. The appellant also assaulted Budhu Singh causing serious bleeding injuries. The appellant eloped after the incident. Budhu Singh was taken to Bandowan hospital by the local people for treatment.