BIPLAB DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is against a judgment and order dated 26th May, 2004 passed by the Additional Sessions Judge, 1st Fast Track Court, Cooch Behar in Sessions Case No. 264 of 2002 corresponding to Sessions Trial No. 6(7) 03 whereby the accused appellant has been held guilty and convicted of offence punishable under Sec. 302 of the Indian Penal Code and an order of sentence dated 27th May, 2004 whereby the accused appellant has been sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 4,000/ -.

(2.) On 19th March, 2002 one Totan Saha lodged a complaint in writing at the Kotwali Police Station stating that the accused appellant, a neighbour had assaulted his maternal uncle, Sudhangsu Saha with a sharp weapon while he was preparing to start his motor cycle, just in front of his house on Silver Jubilee Road. On being assaulted, Sudhangsu fell on the ground. The accused appellant however continued to hit him with the sharp weapon.

(3.) The de facto complainant, Totan, his cousin sister and their maid servant Kalpana raised an alarm on seeing the accused appellant assaulting Sudhangsu. However, they did not intervene out of fear.