PADAM SUBBA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The brutality of murder of Maya Subba, a house maker and her 13 year old child by inflicting multiple wounds has resulted in a conviction with death sentence by the learned Sessions Judge, Darjeeling which is the subject matter of challenge in this appeal.

(2.) The investigation commenced on the basis of a written complaint by one Sumit Limbu on 2/9/2017 before the Officer in Charge, Pulbazar P.S. inter alia, stating that on 1/9/2017 at about 11 P.M. his uncle who happens to be the husband of his aunt informed him over telephone that his mother Maya Subba aged about 50 years and his younger sister Ms. Pragya Subba aged about 13 years have been brutally murdered with the help of sharp and heavy weapon by Padam Subba aged about 42 years who happens to be one of his close relatives and usually performed domestic and household job and had two meals a day.

(3.) In the FIR it has been stated that his uncle Dambar Subba narrated the incident of the murder that took place at around 10.30 P.M to him. The complaint, inter alia, states that Dambar Subba on being alerted by the screaming of Pragya rushed to the house along with his wife Gouri Subba and while they were on their way they found Padam was coming out from the said house and was going towards his own house. When they met Padam on the way and enquired from Padam as to what had happened Padam did not give any reply and went away. Thereafter, Dambar and his ailing wife reached the house where they found Maya lying dead in kitchen in pool of blood. The uncle and aunt of the complainant/informant became scared and fled from the house and reached the house of Sudip Gurung and narrated the entire incident to Sudip. Thereafter, all the villagers were informed and when all the villagers assembled his uncle along with other villagers again visited the said house and during their they found the dead body of his sister Pragya with bleeding injury in a ground adjacent to Latrine. However, Padam Subba could not be traced and he fled away from the said village.