KRISHNA Vs. STATE

JUDGEMENT

(1.) On the 18th of Dec. 1978, the dead body of Champa Santra was found. The prosecution case is that the accused, Kesto left with Champa the previous night and never returned. After the dead body was discovered at a different place, an F.I.R. was lodged by P.W.1, Shri Mrityunjoy Bhakta. However, at the other end, that is in the village of the deceased, the family members did not know about the death of Champa It is said on behalf of the prosecution that some persons, including Sunil (P.W.15) made queries of the accused as to the whereabouts of Champa, not knowing that by that time Champa was dead. Later on, according to prosecution version, the accused, Kesto, on being pressed, confessed before villagers that Champa was murdered by him. It may be mentioned in this connection that the prosecution case is that that night Champa left with Kesto with a radio in her hand. Besides, she had with her a muffler which has been exhibited also. On the basis of these pieces of evidences a charge under S.302 of the I.P.C. was framed against the accused, Krishna Chandra Santra alias Kesto.

(2.) On behalf of the prosecution, 33 witnesses were examined. The accused declined to examine any witness. On a consideration of the materials on the record, the learned Additional Sessions Judge, Hooghly found the accused guilty of the offence under S.302 of the I.P.C. He was convicted accordingly and sentenced to R.I. for life.

(3.) Against that this appeal has been preferred by the accused Krishna Chandra Santra (alias Kesto Santra).