SADRE ALAM MULLICK Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment and the Order of conviction and sentence passed by the Additional Sessions Judge, 1st Court, Bankura in Sessions Trial No. 1 of May, under Section 302 of the Indian Penal Code arising out of Indus P.S. Case No. 19 of 1981.

(2.) The facts, in short, leading to this case are as follows :-

(3.) Another important aspect to this incident of murder appeared from the evidence of the police officer. According to that police officer viz. Sri D. K. Chanda, on 31-8-1981 at about 6.30 a.m. one of the accused persons viz. Aminual Haque son of accused Abdul Gani called at the police station, Indus and informed that a burglary was being committed in the house of the convict-appellant Sadre Alam Mullick on the previous night and the owner of the house assaulted the thief with a cuttery and the thief expired as a result. On the basis of this information Indus Police Station Case No. 18 dated 31-8-81 was started, under Sections 457/380/307 and 511 of the Indian Penal Code. On the basis of that information when the police reached the village they found the dead body of Abu Bakkar in the house of the convict-appellant - Sadre Alam Mullick and they also recorded the statement of the widow of the deceased on the spot which was treated as First Information Report and the formal FIR was drawn up on its basis starting Indus P.S. Case No. 19 dated 31-8-81 and investigation was started. Ultimately, according to the police officer, the Indus P.S. Case No. 18 dated 31-8-81 ended in a final report with the prayer for starting a case against the informant under Section 211 of the I.P.C. and the present case viz. Indus P.S. Case No. 19 dated 31-8-81 ended in charge-sheet against five accused persons under Sections 364/34 and 302/34 of the I.P.C.