ASHIS SAHIS Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against judgment and order dated 15.12.2007 passed by the learned Additional Sessions Judge, Fast Track Court, Bankura, in Sessions Trial Case No. 04(ii) of 2006 corresponding to Bankura P.S. Case No. 142 of 2003 convicting the accused appellant under Section 302 of Indian Penal Code and sentencing them to imprisonment for life and fine of Rs. 5,000/ - in default to suffer rigorous imprisonment for two years.

(2.) The brief fact leading to this appeal is that on 22.08.2003 at about 1.30 P.M. the de facto complainant's son namely Raju Das was coming to his house for taking his lunch and when he reached Kenduadihi Pharmacist College near Sahispara at that time Ashis Sahis of Sahispara assaulted Raju with the help of a 'Bhojali' on different parts of the body and thereby killed him. At that time, complainant's two sons namely Ladu Das and Jyoti Das came running towards the house shouting that Ashis killed Raju. Then de facto complainant ran towards the place of occurrence and saw Ashis to flee away with a 'Bhojali' like weapon. Raju was taken to the hospital where he was declared dead by the doctor.

(3.) On the basis of a written complaint, Bankura P.S. Case No. 142 of 2003 under Section 302 IPC was started. On completion of the investigation, I.O. submitted Charge -sheet against the accused under Sections 302 and 201 of the IPC. After the case was committed to the Court of Sessions, charge under section 302 of the IPC was framed against the said accused who abjured the guilt and claimed a trial. Prosecution examined as many as 17 (Seventeen) witnesses to substantiate charge levelled against accused and also adduced in evidence documents viz. written complaint Ext. -1, challan for sending the dead body for post mortem examination Ext. -2, inquest report Ext. -3, seizure list Ext. -4, post -mortem report Ext. -5, formal FIR Ext. -6, sketch map with index Ext. -7, seizure list Ext. -8, statement of accused leading to discovery Ext. -9, seizure list Ext. -10, carbon copy of challan Ext. -11 and reports of FSL Ext. -12 and Ext. - 13. After the prosecution closed its evidence, the accused was examined under Section 313 of the Cr.P.C. but he declined to adduce any defence evidence. The defence case is one of denial of charges which emerges from the trend of cross -examination of prosecution witnesses and statement of the accused under Section 313 Cr.P.C. alleging false implication.