SAFIQUL ISLAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been preferred by the appellant assailing the judgment and order of conviction and sentence dated 13.02.2013 and 14.02.2013 respectively passed by the Ld. Additional Sessions Judge, (newly created), Sadar, Cooch Behar in Sessions Trial No.1(12)/12 arising out of Sessions case no.440/2012 holding the appellant guilty of the offence punishable under Section 302 IPC and sentencing him to suffer life imprisonment and to pay a fine of Rs. 2000/- in default simple imprisonment for 03 months.

(2.) The prosecution case, in brief, is that on 25.05.2011 at 8.15 hours Gopal Barman (P.W.1) lodged a written complaint at the Kotwali P.S. to the effect that on 24.05.2011 his younger brother Ratan Barman (victim) at about 10.30 p.m., after taking dinner as usual, left his house to sleep at Food Supply Office and on the next day, at about 6.30 a.m. an information was received that the dead body of his younger brother was lying at Lichutala. He then rushed to the place and found the dead body of his younger brother lying there with severe cut and bleeding injuries and it was his firm belief that Safiqul Islam/ appellant had murdered his brother. On receipt of the above written complaint, P.W.8 started Kotwali P.S. Case No. 300/2011 dated 25.05.2011 under Section 302 I.P.C. against this appellant and endorsed the case for investigation to P.W.9 who then investigated the same and on his transfer handed over the case diary to P.W.10 who then after completion of investigation submitted charge sheet being No. 419/12 dated 30.06.2012 under Section 302 I.P.C. against this appellant. This case was then committed to the court of Sessions Judge, Cooch Behar who then transferred the case to the court of Additional Sessions Judge, (newly created) Cooch Behar for trial. Thereafter charge under Section 302 IPC was framed against this appellant on 01.12.2012 who then pleaded not guilty to the charge and claim to be tried, hence the trial proceeded.

(3.) Prosecution in order to prove the case examined 10 witnesses including the complainant, P.W.1, his wife, P.W.5, his brother, P.W.2, his father, P.W.6, one neighbour, P.W.3, Ward Commissioner, P.W.4, besides the doctor, P.W.7 who had conducted the Post Mortem Examination of the victim, recording officer, P.W.8 and the I.Os. and also produced and proved the FIR, Investigation Report under Section 174 Cr.P.C., seizure lists, rough sketched map, P.M. report etc. which have been marked Exhibits1 to 8. Thereafter on completion of trial Ld. Court below found this appellant guilty of the offence punishable under Section 302 IPC and accordingly convicted and sentenced him to suffer imprisonment for life and also pay a fine of Rs. 2000/- in default simple imprisonment for 03 months.