RABINDRANATH GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence passed by the learned Sessions Judge, City Sessions Court, IVth Bench at Calcutta in Sessions Trial No. 1 of March, 1993 corresponding to Sessions case No. 66 of 1992 convicting the accused Rabindranath Ghosh Under Section 302 I.P.C. and sentencing him to suffer imprisonment for life and also to pay a fine of Rs. 2,000/- in default to suffer R.I. for six months more. One Biswaranjan Ghosh of 11, Shyam Square Lane, Calcutta-3 lodged complaint with the O.C. Shyampukur P.S. alleging that he is a resident in the first floor of the house and he resides there with his wife Gita Ghosh and two sons Tapan and Sujan. It is his ancestral property. His two cousin brothers are Asit Ghosh and Rabi Ghosh who also reside in the same house. Asit Ghosh resides in one room in the first floor and Rabi Ghosh resides in one bedroom and a kitchen and a small room on the roof of the house. They are living in separate mess.

(2.) After receipt of the complaint, the P.S. case was started and after completion of investigation the charge-sheet was submitted. The charge was framed against the accused person under Section 302. I.P.C. to which the accused pleaded not guilty and claimed for trial.

(3.) In this case the prosecution has examined as many as 29 P.Ws. P.W.1 is the Photographer. P.W.2 is the Plan Maker. P.W.3 is the informant and cousin brother of the accused, P.W.4 is the wife of the defacto complainant. P.W.5, P.W.6, P.W.7, P.W.8 are the neighbours, P.W.9 is the son of the accused, P.W.10 is the brother of the accused. P.W.11 is the daughter of the accused. P.W.12, P.W.13, P.W.14, P.W.15 and P.W.16 are the relatives of the victim. P.W.17 and P.W.18 are the seizure witnesses. P.W.20 is the constable who identified the dead body of Tapati Ghosh at the morgue. P.W.21 and P.W.22 are the constables who carried some goods to the F.S.L. P.W. 23 runs Fine Arts School and stated that Moumita, the daughter of the accused, attended the said school at the material time. P.W. 24 Ashok Kumar Ghosh accompanied Moumita to the Art School by his cycle. P.W. 25 is the Medical Officer who examined Biswaranjan i.e. the defacto complainant and found scratch mark in the chest which was of very simple in nature. He also found slight tenderness in the scrotum. P.W.26 is the Autopsy Surgeon. P.W. 27, P.W. 28 and P.W. 29 are the Police Officers who conducted the investigation.