RAJU JAISWAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been preferred by the appellants assailing the judgment and order of conviction and sentence dated Jan. 29, 2014 and Jan. 30, 2014 respectively passed by the Ld. Additional District and Sessions Judge, Fast Track 2nd Court, Bichar Bhavan, Kolkata in Sessions Trial No. 19 (4) 2013 arising out of Sessions Case No. 22 of 2009. By virtue of the impugned judgment appellants were convicted for commissioning of the offence punishable under Sec. 302/34 of the Indian Penal Code (hereinafter referred to as IPC) and were sentenced to suffer imprisonment for life and fine of Rs. 3000.00 each in default to suffer rigorous imprisonment for two years with a direction for set off under the provisions of Sec. 428 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.) The prosecution case, in brief, is as follows:-

(2.) On Aug. 22, 2008 at about 7 a.m., P.W.3 received one telephonic information from an unknown male person about lying of a person unconscious in front of a sweet meat shop "Brindaban Chhat" situated at 58 A, Jotindra Mohan Avenue, Kolkata. He diarized the said information in the GDE book (Ext.9) and thereafter, giving information to the officer-in-charge of Burtolla P.S. went to that place and found one male person aged about 35 years, height 5'6"(Approx), wearing ash coloured full pant, full sleeved checked yellowish shirt, blue vest was lying unconscious with severe bleeding injuries on his forehead and facial region. The identity of the said person could not be ascertained from the person present there. He then removed the victim to RG Kar Medical Collage and Hospital where he was declared brought dead at about 08.05 hours.

(3.) Preliminary investigation revealed that the victim was found loitering in the vicinity of the said sweet meat shop in the evening of Aug. 21, 2008 around 17.30/18.00 hours under influence of liquor. Thereafter, he went off and again came there around 18.45/19.00 hours with severe bleeding injuries on his forehead and facial region and reportedly lay down on the footpath in front of the said sweetmeat shop.