MRITUNJOY MANNA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By this appeal, the appellant seeks to set aside the judgment and order of conviction and sentence dated 29th June, 2009 and 30th June, 2009 passed by the Additional Sessions Judge, Fast Track, 2nd Court, Contai, Purba Medinipur in Sessions Trial No. 10 /April-2006 whereby and where under the appellant was convicted for the offence under Sec. 302 Indian Penal Code (IPC) and directed to suffer sentence of imprisonment for life and to pay fine amounting to Rs. 10,000.00, in default of payment, the accused appellant was directed to suffer simple imprisonment for further two years.

(2.) The case of the prosecution is that the victim girl was taken in adoption by the mother of the accused appellant and reared as her adopted daughter. Quarrel took place between the accused appellant and his wife on one side and the victim girl due to poverty and other related issue. On the night of 21st Oct., 2003, the victim girl was found dead and being woken by her groaning sound on focus of torch light, the accused appellant found blood squirting from the base of the neck of the victim girl. In spite of best efforts to stop blood from flowing, the victim girl died. On her death, the accused appellant and his sister Kajal at 6-30 a.m. on 21st Oct., 2003 came to the house of the F.I.R. maker and informed him of the incident. He visited the P.O. and found the victim girl lying dead on the porch of the house. Clothes were soaked and sprinkled with blood and there was a deep wound at the base of the throat. The first impression that the F.I.R. maker got was that the victim girl had been killed with a sharp knife by some unknown assailant and on the basis of the aforesaid, an F.I.R. was filed on 21st Oct., 2003 at 10.25 hours and Egra P.S. Case No. 96 of 2003 dated 21.10.2003 under Sec. 302 I.P.C was registered. An inquest was made and Post Mortem conducted. Investigation commenced on registration of the F.I.R. and on the basis of such investigation, charge sheet was submitted.

(3.) The Case was thereafter committed to the court of Sessions and transferred to the Court of Additional District & Sessions Judge, Fast Track Court, Contai. Charges were framed and the same were read over and explained to the accused appellant, who pleaded not guilty and claimed to be tried.