SHANKAR MAHATO Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) These two appeals at the instance of the accused/appellant have been directed against the judgement and order of conviction and sentence dated 27th August, 2002 and 28th August, 2002 passed by the learned Sessions Judge, VIIIth Bench, City Sessions Court at Calcutta in Sessions Trial No. 1 of 2001 arising out of Sessions Case No. 41 of 2000 whereby the accused/appellant was convicted for the offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as the I.P.C.) and sentenced to suffer imprisonment for life and to pay a fine of Rs. 5,000/-, in default of which to suffer rigorous imprisonment for six months for the aforesaid offence.

(2.) Prosecution case, bereft of unnecessary details is as follows : On 8th December, 1999 at about 15.30 hours one Shankar Mahato of Lakarigola at 4, Garden Reach Road, stabbed Nand Kishore Mahato, brother of the defacto complainant with a dagger. Consequently the victim sustained severe injuries on his abdomen and right elbow joint. He was rushed to the hospital where he was declared dead. On the basis of the statement of the defacto complainant Jaikishan Mahato, recorded by S.I. Prakash Bantawa (P.W.5), South Port P.S. Case No. 401 dated 8th December, 1999 was initiated against the accused/appellant under Section 302 I.P.C. Investigation into the case culminated in the submission of the charge-sheet under section 302 I.P.C. against the accused/appellant.

(3.) The trial Court framed charge for the offence punishable under section 302 I.P.C. against the accused/appellant. Being so arraigned, the accused pleaded not guilty to the indictment and claimed to be tried. During the trial prosecution examined 15 witnesses and exhibited several documents.