BHAGABATI MANNA Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been preferred by the appellant assailing the judgment, order of conviction and sentence dated September 10, 2014 and September 13, 2014 respectively passed by the Ld. Additional Sessions Judge, Tamluk, Dist. Midnapur in Sessions Trial No. 1(6)2003 arising out of Sessions Case No. 3(10)2000. By virtue of the impugned judgment and order appellant was convicted and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 5,000/ - in default to undergo imprisonment for six months more for committing offence under Sec. 302 of the Indian Penal Code (hereinafter referred to as I.P.C.).

(2.) The prosecution case, in brief, is as follows: - -

(3.) A written complaint (Ext. 1) received at 11.15 hrs. at the place of occurrence from P.W. 1, brother of the deceased, was sent to the P.S. for registering an F.I.R. and as such a Sutahata P.S. No. 84 dated September 24, 1997 was registered. P.W. 14 took up investigation of the case. During investigation, P.W. 14 examined available witnesses and recorded their statements u/s. 161 of the Code of Criminal Procedure, arrested the accused -appellant on September 28, 1997. Thereafter leading to the statements of accused -appellant, the investigating officer, P.W. 14, recovered the weapon of offence from the tank of Sasanka Manna and blood stained saree of the appellant from her house in presence of the witnesses by preparing seizure lists (Exts. 6, 7) and forwarded the accused -appellant before the Magistrate for recording her statements u/s. 164 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.). Seized alamats were sent to the FSL for examination. Thereafter on completion of investigation charge sheet was submitted accordingly against the appellant under Ss. 302/201/34 IPC.