RAJESH HALDAR Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal is directed against a judgment and order of conviction dated July 30, 2008 and sentence dated July 31, 2008 passed by the Court of Additional Sessions Judge, 1st Fast Track Court, Lalbagh, Murshidabad in Sessions Trial No. 3 of January, 2008 arising out of Sessions Sl. No. 102 of 2005, convicting the appellant for commission of offence under Section 302 of the Indian Penal Code, 1973 (hereinafter referred to as the I.P.C.) and sentencing him to suffer imprisonment for life and to pay fine of Rs. 10,000/ -, in default, to suffer simple imprisonment for one year. It was further directed that fine amount if realized be deposited in the name of minor child of deceased Shyamal Haldar in any nationalised bank or in post office under Fixed Deposit Scheme till the minor attains majority.

(2.) THE prosecution case in a nutshell is as under: -

(3.) ON the other hand, it is submitted by Mr. Pawan Kumar Gupta, learned Junior Government Advocate, that the commission of offence under reference by the appellant was proved on the basis of the evidences adduced by five eyewitness (PW 1, 2, 4, 5 and 8) corroborating the prosecution case on the basis of the surathal report, charge framed against the appellant, post mortem report as also the evidence adduced by the appellant as DW 1 and that of DW 2 (the radiologist in Behrampur District Hospital), amongst others.