SUDHIN CHANDRA BARMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal by the appellant is assailing the Judgment and order of conviction passed by the learned Special cum Additional Sessions Judge, Co-ochbehar sentencing him to suffer imprisonment for life and to pay fine of Rs. 1000/- in default to suffer R. I. for one month for the offence under Section 302 of the Indian Penal-Code (in short I. P. C.).

(2.) The prosecution case, in short, is that on 5th July, 2001 Sushil Barman, father of informant and Gour Chandra Barman (younger brother-in-law of informant) were cutting jute in a field in front of Atialdanga BSF camp. At about 8.30/9.00 a.m. the accused Sudhin Barman came there to thejute field and he first tried to assault Gour Barman with a 'beki' i.e. a kind of 'dao' i.e. sharp cutting weapon but missed it and Gour Barman ran away to a safer distance. Thereafter, the accused Sudhin Barman assaulted Sushil Barman with the 'beki' and he raised alarm receiving blows given by the accused with 'beki' and he fell down on the ground and expired. Receiving the news, the informant Manik Barman rushed to the place of occurrence and tried to take away his father to hospital but on the way he found his father dead. Manik Barman lodged the FIR (Ext. 3) before O. C., Dinhata P. S. at 12.35 hours and on the basis of it Dinhata P. S. Case No. 123 dated 5-7-2001 under Section 302 of the I. P. C. was stated against the accused appellant. After completing investigation the Investigating Officer (in short I. O.) submitted chargesheet against the accused under Section 302 of the I. P. C. The trial that followed ended in conviction and sentence of the appellant as mentioned earlier and hence this appeal.

(3.) The prosecution examined 12 witnesses in all to prove its case namely, P. W. 1 Mongli Barman (wife of deceased), P. W. 2 Naren Barman (son-in-law, of deceased), P. W. 3 Deben Barman, P. W. 4 Sibendra Nath Barman, P. W. 5 Gobinda Barman, P. W. 6 Dr. Amal Basak (post mortem surgeon), P. W. 7 Suresh Chandra Roy (constable), P. W.8 Biswanath Bhattacharya (Judicial Magistrate), P. W. 9 Sahadeb Chandra Roy, P. W.10 Praveen Pradhan, P. W. 11 Gour Barman (another son-in-law of deceased) and P. w. 12 Balmiki Lohar.