SK SOLEMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 30th July, 2004 and 31st July, 2004, passed by the Additional District & Sessions Judge, Fast Track 1st Court Suri, Birbhum, in Session Trial No.5 of 2003 arising out of Sessions Case No.40 of 2003 convicting thereby the accused appellant under Sections 302/201 IPC and sentencing him to suffer rigorous imprisonment for life with a fine of Rs.5000/ -, in default to suffer rigorous imprisonment for five months more for the offence under Section 302 and further directed him to suffer rigorous imprisonment for seven years with a fine of Rs.1000/ - in default to suffer further rigorous imprisonment for one month for the offence committed under Section 201 IPC. Both the aforesaid sentences were to run concurrently.

(2.) THE case of the prosecution is that the body of one Hapija was found dead inside the canal near the culvert over the canal on 12th February, 2001 with fatal injuries on her body inflicted by a sharp weapon.

(3.) AN F.I.R. was filed by the mother of the victim girl (P.W.1) on 12th February, 2001 at 16.45 hours. The said F.I.R. was written by P.W.6 (scribe) and bore L.T.I. of P.W.1, the F.I.R. maker.