MAHESH KESHRI @ KESHORI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is directed against the judgment of conviction dtd. 27/8/2014 and order of sentence dtd. 28/8/2014, passed by the learned Additional Sessions Judge, Durgapur, Burdwan in Sessions Trial No. 28 of 2011 arising out of Sessions Case No. 95 of 2011. The appellant was convicted for life under Sec. 302 of the Indian Penal Code for life.

(2.) The prosecution case in brief is that on 25/3/2011, sometime around 11:00 am, the victim Mukti Bauri was found with his throat slit inside the mobile and electronic shop room of the appellant. The shop room was located in a busy market area called Chichuria under Haripur, Burdwan. There was a broken knife found at the place of occurrence, with a handle attached to one part. The appellant was allegedly seen by PW-5 and PW-6, fleeing out of the shop room with his clothes stained in blood. PW-4 and PW- 5 are stated to have informed PW-1, father of the victim/complainant, who arrived at the place of occurrence.

(3.) Around the same time, some shop owners in the said market area were found to be downing their shutters. A huge commotion broke out with local persons raising a hue, cry and protest. The Investigating Officer of the case (PW-12), who happened to be in the vicinity, reached the place of occurrence upon being instructed by his superiors. He found officials of Kenda Outpost of Jamuria Police Station already present and trying to control the crowds at the P.O. PW-12 also first engaged himself in controlling the crowds.