HEMANT SUBBA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant Hemant Subba, housed in jail, preferred this criminal appeal assailing the judgment of conviction delivered by the learned Additional Sessions Judge, Special Court, Asansol in Sessions Case no. 239 of 2009 (S.T. Case no. 08 of 2010) on 19th December, 2012 sentencing the appellant by recording order on 20th December, 2012 directing to suffer life imprisonment with fine for the offence punishable under Section 302 of the Indian Penal Code.

(2.) Instead of repeating the facts in detail precisely it is mentioned that the appellant was labelled with the charge of murder since he allegedly committed the same by giving murderous assault with his khukri (sharp cutting weapon) to Dipen Rai on 30th May, 2009 at about 11.00 a.m. while Dipen Rai was asleep on his bed within the security barrack meant for Gorkha community who used to work under the Super Smelters Limited Company situated at village Ekra under P.S. Jamuria, Dist. Burdwan.

(3.) Mr. Tanmoy Chowdhury being appointed under order of this Court to defend the appellant/convict argued before us that since there was no ocular witness seeing the appellant to commit the murder and since, according to him, the evidence of P.W.7 and P.W.9 instead of strengthening the case of prosecution damaged the same, learned Sessions Judge should have given benefit of doubt to the appellant. He further submitted that although one khukri was said to have been seized by the Investigating Officer along with the alleged blood stained wearing apparels said to have been of the appellant but there was no matching report suggesting similarity between the blood group of the victim and the blood group appearing on the wearing apparels or on the alleged seized khukri.