CHUNDA MURMU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been directed against the judgment dated 6th September, 2000, passed by the learned Additional Sessions Judge, Malda, in Sessions Case No. 25 of 1995, Sessions Trial No. 16 of 1997, whereby the appellant was convicted and sentenced under section 302 of IPC to suffer rigorous imprisonment for life and to pay a fine of Rs. 2000.00 in default to suffer rigorous imprisonment for six months. He was also sentenced under section 364 of IPC to suffer rigorous imprisonment for seven years. The appellant was further sentenced under section 201 of IPC to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 1000.00 in default to undergo rigorous imprisonment for three months and all the sentences were directed to run concurrently.

(2.) The crux of the prosecution case is that on 15th March, 1990, one Anil Mardi, P.W. 7 lodged a complaint at Habibpur Police Station being scribed by Susil Kr. Hembram, vide Exhibit 2 series to the effect that his sister Kamala was married with the appellant Chunda Murmu about six years back and since 10th March, 1990 the said sister was not traceable. He searched for his sister but in vain and at the same time he suspected that his sister was murdered by her husband, Chunda, the appellant in collusion with her father-in-law, Charan Murmu and her deadbody was dumped in a place. On the basis of such complaint, P.W. 16, S.I. P.K. Dutta filled in the formal FIR vide Exhibit 6 and took up the investigation of the case as 1.0. and started Habibpur P.S. Case No. 17/90 dated 15th March, 1990. The I.O. during investigation visited the P.O., held inquest on the deadbody of the victim in presence of witnesses vide Exhibit 1 series after exhuming the deadbody of the victim from the Kuthi Ghar of Charan Murmu at Village Horegram, P.S. Habibpur in presence of B. D. 0. Manas Kr. Mondal, P.W. 15 P.W. 10, Jadu Hembram, P.W. 5, Subhas Soren, P.W. 6, Bishu Hembram, P.W. 8, Jogesh Mondal, Constable No. 171 and other villagers. That apart the I.O. sent the deadbody of the victim under a deadbody chalan to Malda Sadar Hospital, vide Exhibit 4 series through Constable Jogesh Mondal, P.W.8 for P.M. examination which was held by Dr. D. P. Chatterjee, P.W. 14. In the course of investigation the I.0. P.W. 16 also seized some mud-stained hay from the Kuthi Ghar, some earth, diluted earth, one kodal and one tali in presence of witnesses under a seizure list dated 15th March, 1990, vide Exhibit 5 series. That apart the I.O. also seized the wearing apparels of the victim, Kamala i.e. mud-stained green cheek saree, mud-stained green petty-coat, black blouze stained with mud and glass phial with P.M. blood in presence of witnesses vide Exhibit 3 series. P.W. 14, Dr. D.P. Chatterjee, who held P.M. examination on the deadbody of the victim, Kamala, opined that the death was caused due to homicidal throttling. The I.O. also examined the witnesses and on his transfer the case was handed over to P.W. 9, S.I. Amalendu Ghosh who ultimately submitted chargesheet against Chunda Murmu and Charan Murmu under section 302/364/201/34 of IPC. Since Charan Murmu, father of Chunda Murmu expired during the pendency of the case the Trial Court had framed charges under section 302/364/201/34 of IPC against Chunda Murmu (appellant).

(3.) The appellant in answer to the charges pleaded not guilty and claimed to be tried. The defence of the appellant as appearing from the trend of cross- examination as well as his examination under section 313 of Cr. PC is that he is innocent and that he has been falsely implicated in this case.