LALTU DAS Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) Challenge in this appeal is against the judgment and order dated March 24, 2004 passed by the learned Additional Sessions Judge, 1st Fast Track Court, Malda, in Sessions Trial Case No. 7(6) of 2003 (Sessions Case No. 154/2001) arising out of G.R. Case No. 1084/98 which refers to Harishchandrapur P.S. Case No. 73 dated 28.6.1998 convicting the appellant for the charge under Sec. 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs. 1,000/ - (one thousand), in default to suffer rigorous imprisonment for six months there under.

(2.) Brief facts leading to the instant appeal is that a construction of a bridge was going on at Pipla. Sk. Bhadu was employed as a mason alongwith Dhiren Rajbangshi, Laltu Das, Raban Das and many other persons as labourers in the construction of a bridge at Pipla. P.W. -3, the elder brother of accused, Laltu Das also worked there as a night guard. Sk. Bhadu and Dhiren Rajhangshi (P.W. -11) used to reside in a tent near the construction site. On 27.6.1998 the contractor came to the site and gave money to Sk. Bhadu for making payment to the labourers who would participate in the work of reinforced concrete on 28.6.1998. Payment to the labourers was made by Sk. Bhadu on 27.6.1998. Then Sk. Bhadu went to shop. Laltu Das, the accused, kept seated there. Dhiren Rajbangshi (P.W. -11) cooked meal, he took his meal and went to bed as he was a bit tired that day. At about 9 P.M. Raban came to that tent. Sk. Bhadu came to the tent and took alcohol and took his meal at the tent and left with Laltu Das for taking another round of alcohol. At about 2/2 -30 a.m., Dhiren Rajbangshi (P.W. -11) heard a hue and cry and woke up from his bed. Having come out of the tent, he saw that some persons were severely beating Sk. Bhadu. Among them was the accused Laltu. Panic gripped him and he entered into a jute field to hide himself there and he came out of his hide out next day and saw the dead body of Sk. Bhadu lying at the place where he was beaten up by the accused and his companions last night but he did not disclose anything to anybody and went to meet the contractor in his house at Malda alongwith Raban Das (P.W. -3) and one Toton Das.

(3.) On 28.6.1998 at about 9 a.m. one Parijat Roy was proceeding to join his duty. He found a large gathering at the construction site of bridge at Pipla and having seen it, he had been to the place where he found a dead body of an unknown person lying with severe head injury. He lodged an FIR before Harishchandrapur P.S. as promptly as possible. Upon the FIR so lodged, police started Harishchandrapur P.S. Case No. 73 dated 28.6.1998 under Sec. 302 IPC and put the investigation into motion. During investigation, inquest was held over the dead body of the deceased at the P.O.; statements of the witnesses were recorded by the I.O.; some articles including the blood stained iron rod used in the crime was seized by the police from the P.O. The name of the accused transpired in the statements of P.W. -11, recorded by I.O. under Sec. 161 Cr.P.C. Pursuant thereto police conducted raid in the house of the accused, but he was not available. P.W. -11 also made statement to learned Judicial Magistrate under Sec. 164 Cr.P.C. on 04.7.1998. On 01.7.1998, the accused himself surrendered before the P.S. and he was arrested by the police. He confessed before the I.O. that it was he who committed murder of Sk. Bhadu. He also divulged before the police that the deceased assaulted him causing injury on his forehead who was sent to Harishchandrapur Block Primary Health Centre for his treatment. The accused was also sent to learned Magistrate for recording his confessional statement under Sec. 164 Cr.P.C. but he declined to make any confession. On completion of investigation, charge -sheet under Sec. 302 IPC was submitted against the accused.