RAMU MAJHI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is directed against judgment and order of conviction dtd. 23/2/2010 passed by the learned Additional Sessions Judge, Fast Track Court, Mal, Jalpaiguri in Sessions Trial No. 1(8) of 2008 arising out of Sessions Case No. 50 of 2008. The appellant was convicted and sentenced to rigorous imprisonment for life together with fine of Rs.1,000.00 for the offence under Sec. 302 of IPC, and rigorous imprisonment for 3 years together with fine of Rs.300.00 for the offence under Sec. 324 of the IPC.

(2.) The prosecution case is that on 6/10/2007, Lila Boti Teli (PW 1) lodged a complaint, with the Kranti Out Post of the Mal Police Station at Jalpaiguri, that the appellant struck a blow with a "Kaalam Chhuri", (a sharp cutting local long knife) on her mother's neck (Jaoni Teli) and the victim died instantly. The victim was cutting vegetables at the verandah of the house of the complainant, in preparation for lunch.

(3.) The appellant thereafter left the house and went to the canteen of the tea factory, where he attacked, with the said Kalam Chhuri, one Umesh Mishra, Sabita Murmu, Mangru Munda, Kayum Shekh, Bhanu Pratap Oraon, all working with the Jogesh Chandra Tea Estate. The appellant's and the victim's residential quarters were adjacent to each other at the Dhodhoa Factory Line of the tea garden. Mal Police Station thereafter registered an FIR against the appellant on the same day under Ss. 302 and 326 of the IPC.