BIGNA LOHAR Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against a judgment and order dated 21st April, 1990 passed by the learned Additional Sessions Judge, First Court, Jalpaiguri in Sessions Trial No. 15/1989 arising out of Sessions Case No. 2 of 1989 convicting the accused Bigna Lohar under section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life as also to pay a fine of Rs. 5,000/ - in default to suffer further rigorous imprisonment for a period of two years. Aggrieved by the judgment and order, the convict has come up in appeal.

(2.) THE facts and circumstances of the case briefly stated are as follows:

(3.) WE are unable to accept this submission. The defacto complainant P.W.1, one should not forget is a worker in a Tea Estate and is also an illiterate person. The written complaint was filed within hours after he discovered the dead body of his son. Whereas the evidence in the Court was given almost five years after the incident. He must have come across stories as to how was his son killed. He was repeating them when he came to give evidence. But the main fabric of the case namely the victim was taken away by the appellant and the body of the victim was found in the house of the appellant remained the same. The defacto complainant has added greater details, the truth whereof was not enquired into during his cross -examination. Those details may not have been corroborated by his written complaint. The main fabric of the case has however been corroborated by the P.W.8 the I.O. who immediately went to the P.O. His evidence in that regard is as follows: