SANTOSH KUMAR SARKAR Vs. STATE

JUDGEMENT

(1.) Criminal Appeal No.84 of 1984 arises out of a conviction under S.302, I.P.C. and the sentences for imprisonment for life and a fine of Rs.5,000/-, in default R.I. for six months. The amount of fine, if realised, was directed to be paid to the near relations of the victim. The trial was held by the learned Additional Sessions Judge, 3rd Court, Jalpaiguri, being Sessions Case No.8 of 1983.

(2.) The prosecution case, in short, is as follows :- On 7th Mar., 1981 the deceased Dinesh Sarkar, the accused Santosh Sarkar, Manindra Sarkar, Harendra Sarkar and many others gathered in the house of Manindra Sarkar at the village Harinathpur, P.S. Falakata. They had been discussing the marriage of one Yosada Sarkar. The complainant Mahim Chandra Sarkar started preparing a list of articles and expenses connected with the marriage. At that time Dinesh Sarkar cried out in pain. It was seen that the accused Santosh Sarkar was holding a knife in his hand and he had stabbed Dinesh Sarkar on his hand. Dinesh leapt up and started running away. The accused Santosh Sarkar chased him. He outpaced Dinesh under a jackfruit tree situated near the house of Manindra Sarkar and stabbed him on his back by the knife. As a consequence Dinesh fell on the ground. Even then Santosh stabbed Dinesh again on his arm. Meanwhile the persons who had gathered in the meeting started a chase with a view to apprehend the accused Santosh Sarkar. Santosh Sarkar started brandishing the knife to keep them at bay. However, Yasoda picked up a bamboo stick and struck Santosh on his hand. Due to the blow the knife flew off the hand of Santosh and fell on the ground Thereafter, Santosh was caught. His hands were tied on the back by means of a rope and he was detained at the spot. The injured Dinesh was taken to the Falakata Public Health Centre where he succumbed to his injuries. Manindra lodged an F.I.R. with the police. The police came and seized the knife. The deadbody of Dinesh was sent for post-mortem examination to Alipurduar Sub-Divisional Hospital. After investigation the police submitted charge-sheet under S.304, I.P.C. against the accused, Santosh Sarkar.

(3.) The defence case, as disclosed from the trend of the cross-examination of the prosecution witnesses and the statements of the accused under S.313 of the Cr.P.C., is one of denial It is the positive story of the defence that the accused Santosh Sarkar was not present at the place of occurrence. There was an alternative case in the defence suggestion that on the date of the occurrence the accused, Santosh Sarkar was of unsound mind.