SHYAMAL CHATTERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal is against a judgment and order dated 29th September, 2010 passed by the Additional District and Sessions Judge, Fast Track, Court -1, Amta, Howrah in Sessions Trial No. 34/09 arising out of Amta P.S Case No. 47/05 whereby the appellant has been held guilty and convicted of offence under Section 302 of the Indian Penal Code and an order of sentence dated 30th September, 2010 whereby the appellant has been sentenced to imprisonment for life and to fine of Rs. 10,000/ - in default whereof he is to suffer rigorous imprisonment for one year more.

(2.) ON the basis of a First Information Report filed by one Shri Dilip Ghosh, resident of Amta Neogi Para, Amta Police Station Case No. 47/05 dated 24th May, 2005 was started. The contents of the FIR are set out hereinbelow for convenience:

(3.) THE 1st Prosecution Witness, Dilip Ghosh, who lodged the FIR, stated in his evidence that, the appellant had told him that his sister, Mita Rao was lying dead in a pool of blood in her own bed room in the house of the appellant. On hearing this, this witness went to the house of the appellant and found that Police had already reached there and Mita Rao was lying dead in a pool of blood. This deponent stated that he could not say who had murdered Mita Rao, but added that he had later come to know that the appellant had murdered his sister.