JAHANGIR KHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgement and order dated 15th July, 1997 passed by the learned Additional Sessions Judge, Second Court, Suri, Birbhum, in Sessions Trial No. 2 of July, 1996 arising out of Sessions Case No. 60 convicting the appellant for commission of offence punishable under Section 302/201 of the Indian Penal Code and sentencing him to suffer life imprisonment and to pay a fine of Rs.2000/-in default, to suffer rigorous imprisonment for two years more for the offence punishable under Section 302 IPC and to suffer further rigorous imprisonment for five years and to pay a fine of Rs.2000/- in default to suffer rigorous imprisonment for two years more, both the sentences to run concurrently.

(2.) The prosecution case, as alleged, against the appellant is to the effect that on 26-10-1990, the appellant was found throwing boulders into a well by the local villagers who had come to collect drinking water from the said well. On query the appellant stated that he was throwing boulders to catch fish. The local people became suspicious and asked him to draw out the water from the well which he refused to do. Thereupon, the local people detained the appellant and started draining out the well and noticed a dead body of a lady. Chowkider was informed of the matter who in turn informed the local police station. Such information was diarised as General Entry No. 699 dated 26-10-1990 (Ext. 5) and P.W. 14, namely, Chandan Mukherjee, Officer-in-Charge of Md. Bazar P.S. along with S.I. Avas Nandi, P.W. 15, proceeded to the place of occurrence. It is alleged that in the meantime the appellant made an extra judicial confession before the local people that he along with the co-accused Meherun Bibi had killed Chabi Murmu with hensua in the bamboo grove. As the husband of Meher, namely, Faraz was having an affair with the said victim. Thereafter, he along with Meher and her father Salem Sk. (who absconded) put the body into the well. When police arrived, the dead body of the victim was recovered from the well and Aynal Haque Molla, one of the local villagers (P.W. 1) lodged a written complaint further a First Information Report was drawn up. P.W. 15 recorded the statement of the appellant under Section 161 of the Cr.P.C. and pursuant to such statement police seized a hensua, the weapon of offence from his house. FIR was registered against the appellant, Mehrun Bibi and Salem Sk under Section 302/201/34 IPC and in conclusion of investigation a charge-sheet was filed under the aforesaid sections against the appellant and the two other accused persons.

(3.) The case was committed to the court of sessions and transferred to the court of Additional Sessions Judge, Second Court, Suri, Birbhum for trial and disposal. As Salem Sk absconded, charges were framed under Sections 302/34 IPC and Sections 201/34 IPC against the appellant and Mehrun Bibi. They pleaded not guilty and claimed to be tried.