SAILEN SARDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been preferred by the appellant against the judgment dated 31st March, 2001 passed by the learned Sessions Judge, Bankura in Sessions Trial No. 2nd March, 2000 and Sessions Case No. 1st December, 1999, 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. 5,000/- in default to suffer rigorous imprisonment for six months.

(2.) The prosecution case in brief is that on 1st October, 1997, the de facto complainant, Chittoranjan Sardar (P.W.1) a neighbour of the appellant at about 8 a.m. did not find his aunt, Thandibala Sardar and the appellant's wife Mittika Sardar both resident of village Mitham, P.S. Ranibandh and, therefore, he reported the matter to the co-villagers and with them he went to the house of Sailen Sardar, appellant (accused) and called him to come out and he came out. On being questioned by them the accused told them that he killed his mother and his wife in the night of 30th September, 1997. The deadbodies of the victims were found on the floor of the room with bleeding injuries and this was seen by them. Thereafter the de facto complainant lodged written complaint at Ranibandh Police Station scribed by Iswan Chandra Sardar and signed by himself vide Exhibit 1 series. On the basis of this complaint P.W. 11, Shiv Prasad Singh, I. O. filled in the formal FIR and registered Ranibandh P. S. case No. 15 dated 1st October, 1997 at 10.35 hrs. under section 302 of IPC vide Exhibit 12 and took up the investigation of the case. The I.O. sent requisition to S. P. Bankura for a car, for carrying the deadbodies of the victim vide Exhibit 13 and thereafter he proceeded to place of occurrence i.e. village Mitham which was 10 kilometers away from the P.S. On reaching the P.O. the I.O. arrested the accused, held inquest in respect of the deadbodies of the victims vide Exhibits 2 and 3, prepared sketch map of the P.O. with index vide Exhibit 14, seized axe, katari, gray coloured blood-stained full-pant and other articles in presence of witnesses vide Exhibits 4 to 8 series. He also examined the witnesses and sent the deadbodies of the victims, namely, Thandibala Sardar and Mittika Sardar to Bankura Morg under deadbody challans vide Exhibits 9 and 10 through Kali Pada Soren, constable No. 386 and prior to that he took photograph of the victims with the help of P.W. 7, Samir Chand. The deadbodies were examined by P.W. 8 Dr. J. N. Dey of Bankura Medical College and Hospital and after collecting P.M. report vide Exhibits 11 and 11/1 and seizure of wearing apparel of the victims as produced by the P.W. 6 vide Exhibit 15, the I. O. submitted chargesheet against the accused under section 302 of IPC.

(3.) The accused/appellant has been charged under section 302 of IPC and in answer to the charge he pleaded not guilty and claimed to be tried. The defence of the accused/appellant as appearing from the trend of cross-examination and his examination under section 313 of Cr. PC is that he is innocent and he never confessed his guilt to any person and nor he assisted any body to recover the offending weapons. Before the Trial Court the prosecution could examine 11 witnesses and exhibited several documents including Material Exhibits I to VIII. On the other hand, no evidence has been adduced by the accused/appellant in support of his defence.