DIPJYOTI DHAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this appeal the judgement of conviction dtd. 3/9/2009 and order sentence dtd. 5/9/2009 as passed in S.T 55(7) of 2007 arising out of S.C 11(5) of 2007 arising out of Khardah P.S Case No. 335 dtd. 22/12/2006 by the Learned Additional Sessions Judge, Fast Track Court No.III, Barrackpore, District North-24-Parganas has been assailed. By the impugned judgement learned trial court found the present appellant guilty under Sec. 302 IPC and thus sentenced him to suffer R.I for life and to pay fine of Rs.5,000.00 i.d to suffer R.I for further two years. The convict felt aggrieved and thus preferred the instant appeal.

(2.) For effective adjudication of the instant appeal the facts leading to initiation of the aforesaid Sessions Trial is required to be dealt with in a nutshell. One Saroj Kumar Das of Ghoshpara, Tarapukur, Agarpara lodged a written compliant dtd. 22/2/2006 with the Officer-in-Charge, Khardah Police Station, District North-24-Parganas stating inter alia, that he and his daughter Papia Das, since deceased being an unmarried lady used to reside at a tenanted accommodation in the house of one Dipu Ghosh at Ghoshpara, Tarapukur and at that time his said daughter was carrying on business of mobile. It has further been disclosed in the said written complaint that one Dipjyoti Dhar @ Joy Dhar who happens to be his grandson visited his said tenanted accommodation on 21/12/2006 at about 7:30p.m and after taking his dinner he slept in the room of Papia Das, since deceased who happened to be his aunt (mother's sister). It has also been disclosed that on 22/12/2006 he went out of his house for morning walk and when he came back at 8 a.m he found that the said Joy Dhar in a perplexed condition and at that time he was wearing a 'gamcha' on which he noticed blood stained mark. Thereafter the said Dipjyoti Dhat, who is the appellant before us came out of the room of Papia and when the informant entered into the room of Papia he noticed that Papia was lying in a pool of blood and she was no more. In his written complaint the informant disclosed that he suspected that his said grandson committed the murder of his daughter.

(3.) On the basis of the said written complaint Khardah P.S Case No.335 of 2006 dtd. 22/12/2006 under Sec. 302 IPC was started. Investigation was taken up and on completion of the same charge sheet was submitted under Sec. 302 IPC against the present appellant. After commitment and transfer the case record of the aforesaid sessions trial was placed in the file of the learned trial court who on 23/7/2007 framed charges under Sec. 302 IPC against the present appellant after considering the materials before him.