RATAN DAS Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) I respectfully differ with the findings of my sister Judge in which she has been pleased to acquit the present accused convict in respect of both the charges punishable under Section 302 and Section 201 of Indian Penal Code (hereinafter called as the Code). Myself prefer to write a separate judgment.

(2.) THE prosecution case as unfolded at the time of trial can be stated in brief thus:

(3.) ON the transfer of the first I.O. the further investigation of this case was taken up by PW 7 who practically did nothing but submitted charge sheet against the accused for the offence punishable under Section 302 and 201 of the Code. The case was committed before the Sessions Judge, Jalpaiguri and Sessions case No. 102/03 was registered wherefrom it was transferred to Additional Session Judge, Alipurduar, of the same district. The charge was framed in respect of Sections 302 and 201 of the Code to which the accused pleaded not guilty and claimed to be tried and Sessions Trial No. 45/2003 of that court commenced.