JALIL ALI MOLLAH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant has been convicted under section 302 of the Indian Penal Code for murdering Mrs. Govinda Monga (hereinafter referred to as "the victim") by the learned Additional Sessions Judge, 14th Court, Alipore, South 24-Parganas by his judgment dated 4th July, 2000 and consequently sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.3,000/- only, in default to suffer further rigorous imprisonment for three months. Feeling aggrieved thereby, the present appeal has been filed by him.

(2.) A written statement was made by Mrs. Surinderjit Kaur Lamba (P. W. 16) on 12.3.1994 (which was treated as formal F.I.R.) alleging that on 12.3.1994 at about 14.40 hours, one Mala (P.W.5), maid-servant of Mr. Ranjit Singh Monga (P.W.15) of Flat No.3G, Ajanta Apartments, 10, Gurusaday Dutta Road, Kolkata - 700019, had informed P.W.16, a resident of Flat No.3H of the same apartments that the victim, her "Mem Saheb", was lying in a pool of blood in front of the kitchen of her flat; that hearing such news, the P.W.16 accompanied by P.W.5 had reached the interior of Flat No. 3G, and found the victim lying in front of the kitchen; that P.W.16 rang up Mrs. Tavinder Sethi (P.W.14), a relative of the P.W.15 whose telephone number was known to her to inform the P.W.15 about the incident; that on seeing Mr. Gour Ghosh (P.W.ll), a flat owner of the same Apartments, she told him about the incident and requested him to come immediately pursuant whereto he rushed in front of the flat of the victim and thereafter informed the police; that the police arrived within half an hour and removed the victim and admitted her to the hospital at about 15.50 hours; that she came to learn from her son, Mr. Swaran Pal Singh Lamba (P.W.4) that the victim had expired in P.G Hospital; and that she believed that the victim had been murdered by an unknown person.

(3.) Based on the aforesaid F.I.R., Karaya P.S. Case No. 68 of 12.3.1994 was registered and investigation was conducted initially by Mr. Sabyasachi Ghosh (E.W.21) attached to Karaya Police Station as Sub-inspector of Police. P.W.21 was in-charge of investigation from 12.3.1994 to 24.9.1994. Thereafter, on and from 24.9.1994, Mr. Prabir Kumar Chatterjee (P.W.22), Inspector of Police attached to Detective Department, Lalbazar, was entrusted with the investigation. On 25.9.1994 the appellant was arrested, and on the following day was produced in the Court of the learned Sub- Divisional Judicial Magistrate, Alipore, South 24-Parganas. It appears that the appellant in course of investigation had made a statement before the P.W.22 leading to recovery of a cloth bag containing the weapon of offence and one shirt. It also appears that on the basis of another statement made by the appellant, a gold chain with a locket was recovered from a jewellery shop on Chowringhee Road on 8.9.1994. Test Identification Parade was conducted on 3.11.94 where the P.W.s 4 and 17 identified the appellant as the person who had been to Flat No. 3G on 12.3.94, whereas P.W.s 5 and 7 failed to identify him. The appellant, thereafter, was chargesheeted and ultimately charge was framed against him under sections 302 and 201 of the Indian Penal Code. The appellant pleaded not guilty to the charges and was thereafter tried.