SITAL GUPTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction dated 20th April, 2001 and sentence dated 23rd April, 2001 passed by the learned Session Judge, Second Court at Siliguri, District Darjeeling in connection with Sessions Case No. 73(S) of 1999 arising out of Siliguri P.S. Case No. 429 dated 15th November, 1990. By the said judgment appellant was convicted and sentenced under Section 304 Part I of Indian Penal Code to undergo rigorous imprisonment for a period of 10 years and also to pay a fine of Rs. 1,000/- (one thousand) in default to undergo imprisonment for a period of 4 months with a direction to set off the period of detention undergone by him during the enquiry and trial. The learned Judge in arriving at the conclusion as to the guilt of the appellant heavily relied upon the circumstantial evidence and ultimately convicted him and passed sentence indicated above.

(2.) Being aggrieved by the said order this appeal has been preferred by the appellant with a prayer to set aside the order of conviction and sentence.

(3.) The prosecution case stated in brief is that on 15th November, 1990 in between 9.30 and 10.00 a. m. the accused Sital Gupta had an altercation with his brother Kamal Gupta followed by assault inside their own house and in the process Sital Gupta stuck a blow with a sharpened weapon on the person of Kamal Gupta and flew away from the place. Kamal Gupta, the victim was lying in the said house in a pool of blood. On hearing hue and cry initiates of the house and local people assembled there and on hearing about the incident in the market the de-facto complainant Amal Gupta rushed to the house and with the help of local people removed the victim Kamal Gupta to hospital where doctor after examining Kamal Gupta declared him dead. On the basis of this complain Siliguri P. S. started Case No. 429 of 1990 dated 15th November, 1990. The I. C. endorsed the case to Debobrata Ojha, S.I., Police for causing investigation. The inquest of the dead body of the victim, Kamal Gupta was held by the S. I., Hem Chandra Roy at Siliguri hospital and the dead body was sent to North Bengal Medical College and Hospital for post mortem examination. The I. O. during the course of investigation visited the P. O., recorded the statement of witnesses, seized articles under three seizure lists and collected report of chemical examiner etc. and thereafter he made over the case to I. C. on receiving the transfer order and ultimately S.I. Srimanta Barman submitted charge-sheet against the accused under Section 302 of I. P. C.