AMIT DORJEE Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) On February 18, 2005 in the morning at about 8.25 a.m., PW/1, Lambu Biswa lodged an FIR with the Jaigaon Police Station, Jalpaiguri against the appellant Amit Dorjee and one Monikumar Biswa, still absconding, for killing of his nephew Prem Biswa.

(2.) The allegation made therein was to the effect that on the previous night, around 11 p.m., when the victim Prem Biswa was sleeping, the aforesaid two miscreants, who were residing in the same locality, came to his house and started calling the victim. At that time the daughter of the informant Munna Biswa, PW/10, who was residing in the same house, opened the door and informed them that victim Prem was sleeping. Then they asked for drinking water. It was the further case of the informant, as soon as, PW/10 went inside the house to bring water, they rushed into the bedroom of Prem and dragged him out to the courtyard and started assaulting him with sharp-cutting weapon. Immediately, the PW/10 raised alarm for help when the villagers rushed to the spot and removed the victim to the hospital where he was declared dead.

(3.) During investigation, the police arrested the appellant Amit Dorjee and submitted charge sheet against him alleging that he committed the offence punishable under sections 302/34 IPC showing the other miscreants Monikumar, an absconder.