BIPUL BISWAS Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) This criminal appeal is preferred by the above-named appellant from jail assailing the judgment of conviction delivered by learned Judge Special-cum-Additional Sessions Judge, Coochbehar in Sessions case No. 246/2010 (Sessions Trial No. 4(12) 2010) on 20th September, 2011 sentencing the appellant to suffer imprisonment for life with fine for the offence under Section 302 of the Indian Penal Code for the charge of murder to one Prankanta Roy on 27th of December, 2008 at about 10:00 P.M. in the pumpkin field situated by the side of the village road of Aratguri under Police Station Kotwali, District Coochbehar by means of one 'RamDaa'.

(2.) Precisedly the fact, in brief, as per written FIR, was that Goutam Sarkar on 27.12.2008, called of Prankanta Roy the victim, along with Siteswar Roy (P.W.2) to come to his house to attend village Salish for resolving a dispute allegedly occurred between said Goutam Sarkar and the appellant. After hearing both Goutam Sarkar and the appellant Bipul Biswas Salish was deferred to the next day since it was about 10:00 o'clock in night. Then Prankanta Roy (deceased) along with his nephew Siteswar Roy (P.W.2) left the place for their home. On the way, while they reached by the side of pumpkin field, the appellant called on Prankanta Roy from behind and coming forward to him assaulted on his head with a sharp cutting weapon. In the FIR it was also alleged that the appellant attempted to assault Siteswar Roy too, who fled away from the spot. On reaching home Siteswar narrated the incident to the inmates and others including Kalikanta Roy, P.W. 1 defacto complainant. Thereafter all of them came together to the place of occurrence and found Prankanta dead at that spot.

(3.) Learned Trial Court upon such given fact, on concluding the trial, convicted the appellant and sentenced him to suffer life imprisonment with fine for the offence under Section 302 of the Indian Penal Code.