UTTAM KIRTONIA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is preferred against the judgment and order of conviction and sentence dated 16- 11-00 and 17-11-00 respectively passed by the learned Additional Sessions Judge, Nadia in Sessions Trial No. V (January) 2000 (Sessions Case No. 5(1) of 1998) thereby convicting the accused-appellant under Section 364 of the Indian Penal Code and sentencing him to suffer R.I. for 10 years and to pay a fine of Rs. 2,000/-, in default to suffer S. I. for a further period of 1 year.

(2.) The prosecution case, in short, was that on the basis of a complaint lodged by PW-1, Chabbi Rani Saha, a case was registered with Kalyani Police Station on 18-9-93 under Section 203 I.P.C. In the First Information Report it was stated that on 17-9-93, i.e. on the date of Vishwakarma Puja at about 21.30 Hrs. the younger brother of P. W. 1 namely Uttam Saha aged about 22 years came to her hotel along with the accused-appellant Uttam Kirtonia and as they were hungry, the victim wanted some food from his elder sister (PW-1) and they were provided with 'Parota and ghugni' and after taking food both of them left the place by boarding a train at 10.00 p.m. and went to Silpanchal to witness a 'jatra' show. It is the further case of the prosecution that on the following day i.e. on 18-9-93 at about 5.00 a.m., PW-1 came to know from some other persons that her brother Uttam Saha was lying dead in a fallow land near the ladies hostel of Kalyani University. The de facto-complainant (PW-1) firmly believed that accused Uttam Kirtonia and his friends were responsible for the death of her brother. On completion of investigation charge sheet was submitted by the police and the learned trial Judge after considering the materials placed before him framed -charge under Section 302/34 of the Indian Penal Code against the accused-appellant and his brother Mintu Kirtonia. Thereafter a petition was filed on behalf of the defence with a prayer for splitting up the trial of accused Mintu Kirtonia as he was a minor on the date of alleged offence. Thereafter records were prepared and the present trial was split up from the minor accused Mintu Kirtonia.

(3.) To prove its case, the prosecution examined as many as 12 witnesses while none was examined on behalf of the defence. The defence was a plea of innocence and false implication. The further defence of the accused was that he did not accompany the deceased Uttam Saha in the hotel of PW-1 Chabi Rani Saha and that deceased Uttam Saha had an illicit relation with one Purnima Sarkar and another notorious criminal of that area named Raghu Kirtonia had also love affairs with the said lady and deceased Uttam Saha might have been killed by his anti-parties.