MATILAL TUDU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This criminal appeal is directed against the judgment dated 12th January, 2001 passed by the Additional Sessions Judge, 3rd Court, at Midnapore in Sessions Trial Case No.33/August, 99, arising out of Gopiballavpur P.S. Case No.20/91 dated 22nd June, 1991, whereby the appellant was convicted and sentenced under Section 302 of I.P.C. to suffer rigorous imprisonment for life and also to pay fine of Rs. 1000/-, in default to rigorous imprisonment for one year more.

(2.) Being aggrieved by the said order of conviction and sentence the appellant has preferred this appeal.

(3.) The crux of the prosecution case is that on 22nd June, 1991 at about 2 p.m. i.e. 02.00 hrs. Golapi Tudu, wife of accused Motilal Tudu came to the house of the de facto-complainant Budarai Besra and reported that in the night the accused murdered his father Kailu Tudu with an axe and, in the meantime, the accused Motilal Tudu came to him and told that there was a quarrel between his father and his wife over taking of meal and his father drove out his wife and children from the house and being aggrieved he assaulted his father with an axe and as a result he died. Hearing the incident from them the de facto- complainant, P.W. 1 ,Budarai Besra called Babulal Murmu, P.W. 6, Bidar Murmu, P.W.8, Sanatan Murmu, P.W. 9 and others and informed them about the incident. Thereafter, they all went to the house of Kuber Chandra Ghosh, P.W. 2 a member of the Panchayat and informed him about the incident and also went to the house of Motilal Tudu/accused and found the dead body of Kailu Tudu lying in bleeding condition. There the accused also disclosed that his father picked up quarrel with him and as such he murdered him with an axe. The written complaint (Exhibit-1) lodged by P.W. 1 was scribed by Purna Besra not examined in the case. On the basis of the written complainant P.W. 14 filled in formal F.I.R. and started GopiballavpurR S. Case No. 20/91 dated 22nd June, 1991 under Section 302 of I.PC. vide (Exhibit-6). P.W. 14, S.I. Kanji Murmu, took up the investigation of the case and he proceeded to the place of occurrence and after reaching there he held inquest on the dead body of the victim and prepared inquest report (Exhibit- 2 series) in presence of the accused and witnesses, P.W.1, P.W. 2, P.W.6 and P.W. 7, Sukhlal Murmu. Gopiballavpur U.D. Case No. C/91 dated 22nd June, 1991 was also started by P.W. 14. The I.O. also arrested the accused and seized articles from the house of the victim at Barsole on 22nd June,1991undera seizure list, vide (Exhibit-3) series in presence of witnesses, P.W. 4 Buddaswar Mandi, P.W. 6 and P.W.7. The I.O. seized the following articles; one blood stained dhoti, one green bordered blood stained dhoti, one wooden rope cot with broken arms, one wooden pira having blood stained, blood stained controlled earth and one napkin from the person of the victim. The I.O. also prepared sketch map with index of the P.O. vide Exhibit 'F' and, also seized one axe with blood stained handle as produced by the accused from the heaps of the straw vide Exhibit-8 in presence of witnesses P.W.1 and P.W. .2. The dead body of the victim was sent by P.W. 14, through P.W. 12, Samar Bag, Constable No. 1683 to Jhargram Morg for P.M. examination and the P.M. examination of the dead body of the victim was held by P.W. 11, Dr. N.C. Ghosh and the body was identified by P.W.12. P.W. 14 also sent seized articles to F.S.L., Kolkata, for examination and report and thereafter, on being transferred he made over charge of the case to O.C, of the said PS. on 7th May, 1992. Subsequently, P.W. 13, S.I,, B. K. Marik after collecting F.S.L. report vide (Exhibit-5) submitted charge-sheet against the accused under Section 302 of I. PC.