MORTUJA Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment dated 15.9.2009 with order of conviction under Section 302, Indian Penal Code (in short I.P.C.) and sentence of rigorous imprisonment for life and to pay a fine of Rs.3000/- and in default of payment of fine simple imprisonment for three months further. Said impugned judgment has been delivered by learned Additional Sessions Judge, 4th Fast Track Court, Malda in Sessions Case No. 376/07 corresponding to Sessions Trial No. 8/08.

(2.) The Trial Court framed charge under Section 302, Indian Penal Code (in short I.P.C.) against accused Md. Mortuja alias Dulal Momin charging him that he committed murder to Md. Ibrahim Sk on 31.8.2007 at about 7:30 p.m. at Kaliachawk Chowringhee Road beside New Bharat Bastralaya within P.S. Kaliachawk, District Malda.

(3.) The case of the prosecution which was under trial in the Court below is in substance that on 31.08.2007 at 8:45 p.m. PW 2 lodged written First Information Report (in short FIR) at Kaliachawk P.S. to the effect that his son Md. Ibrabim aged about 17 years was stabbed by a knife by the accused (appellant herein) on the left side of his (Ibrahim's) chest and on different parts of the body on 31.08.2007 at about 7:30 p.m. at Kaliachawk Chowringhee More near the New Bharat Bastralaya causing his fatal injuries. He was removed towards Silampur hospital but on the way he died. PW 7, PW 8 and several others saw the occurrence of assault by accused on Md. Ibrahim. They apprehended the accused and handed over him to police with the incriminating knife. PW 3 also accompanied the victim at the time of removing from place of occurrence (in short P.O.) towards hospital. On interrogation of PW 8 the victim told that accused Mortuja was accompanied by some others also. Defence of the accused appellant as appears from the trend of cross-examination of PWs and his answers during his examination under Section 313, Code of Criminal Procedure is denial of the charge against the accused. His specific defence is that the victim himself assaulted the accused by 'Chaku' (knife) and witnessing that fact the victim was chased by public at large and he was assaulted by public causing his injuries and this case has been filed by the inmates and relatives of the alleged victim Ibrahim falsely against the accused.