SK. ANISUR Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeals are directed against the decision of the Additional District and Sessions Judge Fast Track Court, Jhargram in Sessions Trial No. 53/March/98 by the impugned judgment dated 24th Feb., 2006 the Trial Court has convicted both the appellants - Mohidul has been found guilty of the offence punishable under Sec. 302 while Anisur has been convicted under Sec. 302 read with Sec. 109 of the Indian Penal Code. Both of them have been sentenced to life imprisonment. In addition Mohidul has been directed to pay a fine of Rs. 5,000.00(Rupees Five Thousand only) and in default of payment of fine, he is required to undergo simple imprisonment for a period of two years. Besides the jail sentence Anisur has been fined Rs. 15,000.00(Rupees Fifteen Thousand only) and in default of payment of the fine, he has been sentenced to undergo simple imprisonment for three years.

(2.) Ashok Shit PW 4 was informed by one Kumed Mahato at 10.30 p.m. on 6th June, 1997 that somebody had been murdered in his newly constructed house. He rushed to the house where he had permitted hawkers from Murshidabad to reside. He heard a cry from the room "Save me". The police from Belpahari Police Station arrived after being informed by Kumed Mahato. The door was broken open and they entered the room. They found Sahidul Sk. writhing in pain on the floor with a bleeding injury in his abdomen. A knife was lying near Sahidul. They went into another room and found a new boy sitting on the beam with a big dagger in his hand. Sahidul was taken to the Belpahari Hospital and the police took the persons sitting on the beam in his custody. The doctor recorded a statement of Sahidul which was made in the presence of the staff of the Hospital and PW 4. The victim mentioned that Mahidul had stabbed him in the abdomen with the knife. Sahidul died in the hospital after informing the doctor his home address. Ashok Shit filed the complaint and the FIR was registered.

(3.) It appears from the record that the statement of Mohidul was recorded under Sec. 164 of the Crimial P.C. However, that statement was not exhibited, nor is a copy of the same on the record before the trial Court. On the basis of that statement Anisur was arrested. The statement was made on 9th June, 1997 and Anisur was produced before the Court on the same day.