BHABESH MAHATO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal at the instance of the accused appellant is directed against the judgement and order of conviction and sentence dated 31st March, 2004 passed by the learned Additional Sessions Judge, 1st Fast Track Court, Midnapore in Sessions Trial Case No. XLIV of March, 2001, whereby the accused appellant was convicted for the offence punishable under section 302 of the Indian Penal Code (hereinafter referred to as the IPC) and sentenced to suffer imprisonment for life and to pay a fine of Rs. 10,000/- in default of which to suffer rigorous imprisonment for two years for the aforesaid offence.

(2.) The factual scenario of the prosecution case in brief is as follows:

(3.) On the basis of the statement of the accused which was recorded by S.I. B. Bhunia (P.W. 1), Salboni P.S. Case no. 11 of 1999 dated 15.2.1999 under section 302 of the IPC was registered against the accused appellant. Investigation into the case by S.I. Rakesh Chandra Mishra (P.W. 17) culminated in the submission of the charge sheet under section 302 IPC.