BHOLANATH BAURI Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is against a judgment and order dated 30th March, 2005 and an order of sentence dated 31st March, 2005 whereby the accused appellant, Bholanath Bauri alias Sadhu has been found guilty and convicted of the offence of murder of Jiten Bauri under Sec. 302 of the Indian Penal Code and sentenced to suffer imprisonment for life in addition to fine of Rs. 2,000/ -, in default whereof he is to suffer further rigorous imprisonment for 6 months.

(2.) One Chunilal Bauri, son of Late Kalipada Bauri, hereinafter referred to as the de facto complainant, lodged a First Information Report at the Kashipur Police Station, alleging that the accused appellant, Bholanath Bauri came in front of the verandah of his house and accused his elder brother, Jiten and Sadhan of having stolen a bulb.

(3.) When his elder brother, Jiten protested, a quarrel broke out with the accused appellant. The accused appellant held Jiten by his hair and dealt blows one after another on his left shoulder with a 'bhojali' (dagger).