UKIL MURMU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 28th and 29th June, 2006 passed by the learned Additional Sessions Judge, Fast Track, 4th Court, Malda in Sessions Trial No. 13/04 arising out of Sessions Case no. 86/03 convicting the appellant for commission of offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs.3000/-, in default, to suffer simple imprisonment for one year for offence punishable under Section 302 I.P.C.

(2.) The prosecution case as alleged against the appellant is to the effect that on 29th June, 2000 at about 10 a.m. Majhi Murmu along with Gede Murmu, the victim, had met the appellant and were holding discussions with the latter over the sharing of their ancestral property under a 'dekhar' tree and in the course of the said discussion with Gede Murmu, the appellant took out a pistol from his pocket and shot Gede Murmu in the right side of his chest. As a result of such gunshot injury, the victim died.

(3.) Complaint was lodged by Majhi Murmu (P.W.3) at the police station and on the basis of such complaint, criminal case being Habibpur P.S. Case No. 29 of 2000 dated 29th June, 2000 under Section 302 I.P.C. read with Sections 25/27 Arms Act was registered. In conclusion of investigation, charge-sheet was submitted against the appellant and the case was committed to the learned Sessions judge, Malda, who transferred the case to the learned Additional Sessions Judge, Fast Track, 4th Court, Malda for trial and disposal.