BHIKRAM DORJEE Vs. STATE OF WEST BENAGAL

JUDGEMENT

(1.) THIS appeal is directed against a judgement and order dated 24 March, 2004 passed by the learned Additional Sessions judge, Fast Track Court, Alipurduar in Sessions Trial No. 26/03 arising out of Sessions Case No. 58/2003 convicting the appellant under section 304 (1)of the Indian Penal Code and sentencing him to suffer imprisonment for life and a fine of Rs. 5,000/-, in default, to suffer further imprisonment for one year.

(2.) THE prosecution version of the case briefly stated is as follows : on 14th June, 2002 at about 430 p. m. the victim Santosh accompanied by the de facto complainant Sankar Dorjee went to the ghoognee/chowmin shop in front of a video hall at Birpara Hut. All on a sudden the accused bikram Dorjee appeared at the spot and stabbed the victim Santosh in his belly by a sharp knife. Other parts of the body were also stabbed. The de facto complainant out of fear ran away from the place of occurrence and informed the matter to the parents of the victim and others. The victim was removed to Birpara Hospital by the people who had assembled at the place of occurrence. From the Birpara Hospital the victim was referred to jalpaiguri Hospital and from there to North. Bengal Medical College and hospital at Siliguri where he was operated upon. The victim, however, died in the morning on 15th June, 2002. The accused was charged under section 304 (1) of the Indian Penal Code and has subsequently been convicted as has been already indicated above. P. W. I, de facto complainant, in his evidence deposed as follows: "the incident tool, place on 14. 6. 2002 in the afternoon at about 4/4. 30 p. m. in front of a chowmin shop situated near Bhavani Video Hall of birpara. . . . . . . . . All on a sudden Bikram Dorjee came at here and assaulted santosh Dorjee by a knife in his belly in my presence. Seeing the same i rushed away from the P. O. out of fear thinking that he might assault me. I informed the matter to his parents. "

(3.) THE written complaint was scribed by PW. 7, Nukul Sonar. He has proved his handwriting and his signature in the written complaint which has been marked as Exhibit 4. P. W. I has identified his signature on the written complaint which has been marked Exhibit 1.