BIDHAN ROY Vs. STATE OF W B

JUDGEMENT

(1.) THIS appeal is directed against a judgment and order dated 29th August 2002 passed by the learned Additional Sessions Judge, 1st Court, Jalpaiguri, in Sessions Trial no. 11 of 1999 arising out of Sessions Case No. 168 of 1997 convicting the appellant under section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life as also to pay a fine of Rs. 5000/-, in default to undergo further imprisonment for a period of one year. Briefly stated the facts and circumstances of the case are as follows:-Ratan and Ganesh are the two sons of the deceased couple Madhav and kananbala. Ganesh lent a sum of Rs. 20/- or 30/- to Bibhison (P. W. 6) which the latter did not repay. Ganesh in order to recover his money stealthily took a goat belonging to bibhison and sold the same in the market. Bibhison protested this act of Ganesh whereupon Madhav, father of Ganesh, according to the evidence of the P. W. 6 promised to compensate the loss. The accused Bidhan and five others who were no way connected with this transaction made this an excuse for assaulting Ganesh which was naturally resented by the parents of Ganesh. The case of the prosecution is that the appellant accompanied by the other accused persons armed with deadly weapons retaliated and killed both the parents of Ganesh namely Madhav and Kananbala on 26th september 1994 at about 9 P. M. The appellant along with five others were charged under sections 148,149 and 302 IPC. The appellant was convicted. The five others were acquitted.

(2.) MR. Biplab Mitra, learned Advocate, appearing for the appellant, advanced the following submissions:-

(3.) P. W. 8 deposed as follows:-