MAHAMMAD ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appellant has preferred the instant appeal assailing the judgement, order of conviction and sentence dated July 29, 2008 and July 30, 2008 respectively passed by the learned Additional Sessions Judge, 6th Court, Barasat in Sessions Trial No. 3(2) of 2007 arising out of Sessions Case No. 27(1)2006. By virtues of impugned judgment appellant was convicted for the commission of the offence punishable under Section 302 of the Indian Penal Code (here in after referred to as IPC) and was sentenced to suffer rigorous imprisonment for life and also to pay a fine of Rs. 5,000/- in default to suffer rigorous imprisonment for one year more with a direction for set off against the sentence of imprisonment under the provisions of Section 428 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.).

(2.) The prosecution case, in brief, is that on February 13, 2003 at about 3.05 p.m. while P.W.1 along with her deceased husband and her son P.W.2 were doing their job in their snack shop situated in front of Bamangachi Railway Station in between the space of Railway line no.2 and 3 then suddenly this appellant struck the victim with a shackle on his back from his backside. They then caught the appellant and the victim caught hold that shackle as a result he also sustained cut injuries on his fingers but appellant managed to fled away therefrom from their grip. P.W.1 then took the victim to Barasat hospital where the doctor declared him dead.

(3.) P.W.1 then lodged a complaint addressed to the officer-in-charge GRPS Barasat being scribed by P.W.4. On the basis of said complaint P.W.8 started Bongaon GRPS case No. 6/2003 dated February 13, 2003 under Section 302 IPC against the appellant and took up investigation of the case after the case was endorsed to him. During investigation he visited the place of occurrence, prepared rough sketch map, examined the available witnesses including the complainant and recorded their statement under Section 161 Cr.P.C., seized the weapon and offence as also blood stained earth etc. and sent the same to the FSL for chemical examination report and collected the FSL report as also report of the UD Case being UD Case No. 51 of 2003 started at the Barasat P.S. and thereafter on completion of investigation submitted charge sheet against the appellant being No. 17 of 2003 dated September 21, 2003 under Section 302 IPC.