RATAN RUIDAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal is directed against a judgement dated 26th March, 2002 passed by the learned Additional Sessions Judge, 2nd court, Asansol in Sessions Trial No. 22 of 2002 arising out of Sessions Case no. 48 of 1999 convicting the appellant under section 302 of the Indian Penal code and under section 25 (l) (a)/section 27 of the Arms Act and an order dated 27th March, 2002 by which the appellant was sentenced to suffer rigorous imprisonment for life and to pay fine of Rs. 5,000/-, in default to suffer further rigorous imprisonment for a period of six months. No separate sentence, however, was passed under section 25 (l) (a)/section 27 of the Arms Act.

(2.) THE case of the prosecution briefly stated is that on 30th August, 1995, at about 7. 00 p. m. , the appellant Ratan Ruidas shot dead the victim, Jiten ruidas at Chapui Suripukur within the limits of Raniganj PS. He thereafter, stabbed at random and in the process sustained a cut injury in his little finger of the left hand. He thereafter, reported to the Raniganj Police Station and made a confessional statement in vernacular at about 22. 10 hours on 30th August, 1995 which has been marked Exhibit 1. A summary of the confessional statement recorded in the Raniganj Police Station marked exhibit 1 is as follows:

(3.) P. W. 2 Amit Roychowdhury, the then Officer-in-Charge of Raniganj police Station, deposed inter alia, as follows: