SAMSUDDIN Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal has been filed from the judgment and order of conviction and sentence dated 16th December, 2004 and 17th December, 2004 respectively, passed by the Additional District & Sessions Judge, Fast Track 3rd Court, Barrackpore, North 24 -Parganas in Sessions Trial No. 3 (7) of 2004, convicting the accused appellant under Section 302 IPC and under Sections 25 and 27 of the Arms Act, whereby and whereunder the accused appellant was sentenced to suffer rigorous imprisonment for life and to pay fine of Rs. 2000/ - in default, rigorous imprisonment for six months for the commission of offence under Section 302 IPC and to suffer rigorous imprisonment for seven years and to pay fine of Rs. 1000/ -, in default, rigorous imprisonment for three months for the commission of offence under Sections 25 and 27 of the Arms Act. Both the sentences were to run concurrently.

(2.) THE case of the prosecution is that on 11th August, 2002 at bout 10.45 p.m. a telephonic information was received at Titagarh Police Station informing that one lady has been murdered by firing at Bharpatti under Police Station - Titagarh and her dead body was lying on the ground and some people had chased the offender and had been successful in catching him while on the run.

(3.) ONE Binodananda Roy had filed a complaint and on the basis of such complaint, Titagarh Police Station Case No. 169 dated 12th August, 2002 under Section 302 IPC and under Sections 25 & 27 of the Arms Act was initiated. The accused appellant was arrested and thereafter sent to B.N. Bose Hospital for treatment.