BIRU MURMU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appeal is directed against judgment and order dtd. 30/1/2018 and 31/1/2018 passed by the learned Additional Sessions Judge, 5th Court, Paschim Medinipur in Sessions Trial No. 02 (01) of 2015 arising out of Sessions Case No.18 (11) of 2014 convicting the appellant for commission of offence punishable under Ss. 302/201 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs.10,000.00, in default, to suffer simple imprisonment for two years more for the offence punishable under Sec. 302 IPC and to suffer simple imprisonment for three years and to pay a fine of Rs.1,000.00, in default, to suffer simple imprisonment for one year more for the offence punishable under Sec. 201 IPC; both the sentences to run concurrently.

(2.) Prosecution case as alleged against the appellant is as follows:-

(3.) On 2/7/2014 Nepal Soren lodged written complaint resulting in registration of Kharagpur Police Station Case No. 376 of 2014 dtd. 2/7/2014 under Ss. 498A/302/201/34 of the Indian Penal Code against the appellant and other in-laws. Appellant was arrested on 14/7/2014. On his showing a boulder wrapped with a sky blue coloured shirt was recovered from the pond where Budhi's body was found. Statements of witnesses viz. Charan Murmu (PW 10) and Dipankar Bera (PW 11) were recorded before Magistrate who disclosed appellant was last seen going from the house with Budhi; and thereafter he had returned alone. One Dipankar Bera (PW 11) and Ranjan Dolai (PW 12) claimed to be eyewitnesses and their statements were also recorded before Magistrate.