ANIL CHANDRA DEBNATH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) An old criminal appeal relating to homicidal death of Atul Debnath (victim) which occurred about thirty years back is under our consideration. The case was initiated on 10.10.1987 at Tufanganj police station (in short P.S.) at 8:30 p.m. recording the incident of murder which occurred at about 7:00 p.m. of that date at village Mansai which is 11 km. away from P.S. as reported against the appellant orally by Lalit Mohan Debnath, since deceased, the father of the victim and was reduced to writing by the then officer-in-charge (PW 12) of that P.S., under Sec. 154, Code of Criminal Procedure (in short Cr.P.C.). The case was investigated by PW 13 and then by PW 17 of Tufanganj P.S. and the investigation was ended in submitting charge-sheet under Sec. 302, Indian Penal Code (in short I,P.C.) against the accused appellant.

(2.) The appellant remains on bail under an order dated 8.11.2005 passed by a coordinate Bench in this appeal. In the trial Court in Sessions Trial No. 1 (10) 95 corresponding to Sessions Case No. 99/91 leaned Sessions Judge, Cooch Behar in his judgment dated 28.8.2000 convicted the accused appellant of the charge under Sec. 302, I.P.C. and on 29.8.2000 sentenced the accused appellant to suffer rigorous imprisonment for life and to pay a fine of Rs. 2000.00 in default of payment of fine amount to suffer further rigorous imprisonment for six months. Challenging the said judgment of conviction and sentence this appeal has been preferred by the appellant.

(3.) Moot question for our determination is whether the said judgment (hereinafter called as impugned judgment) is liable to be set aside or to be sustained.