BADAL DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been preferred by the appellant assailing the judgment, order of conviction and sentence dated July 10, 2002 passed by the learned Additional Sessions Judge, 1st Court, Burdwan in Sessions Trial No. 12 of 2000 arising out of Sessions Case No. 102 of 1994. By the impugned judgment appellant was convicted for committing offences punishable under Section 302/307 of the Indian Penal Code (hereinafter referred to as IPC) and was sentenced to suffer rigorous imprisonment for life and also to pay a fine of Rs. 2000/- in default to suffer rigorous imprisonment for the period of two months for the offence under Section 302 IPC and also to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 1,000/-, in default to suffer rigorous imprisonment for a further period of one month for the offence under Section 307 of IPC with a direction that both the sentences shall run concurrently.

(2.) The case of the prosecution, briefly stated, is as follows:

(3.) On February 4, 1990 at about 8/8.30 p.m. appellant's father namely the victim returned back home from outside. Appellant who was inside his room getting sound of his father came out from his room with a 'Bagi da' (chopper) and started threatening his father using abusive languages. P.W.5, victim's daughter, who was sitting in the varanda to serve food to her father, seeing furious attitude of her brother and being afraid of, rushed to the road to call people and while going out she heard the screams of her father saying 'killed me', 'killed me'. On hearing her cries para people rushed there but by that time the appellant had already killed the victim. After killing the victim appellant went to his uncle Dukhiram Das's house which is adjacent to their house and there he attacked Jhaku Das, Labibala Dasi and Jyotsna Das who were sleeping in the veranda of the house with that 'da' and Labani Sardar, the neighbour, who came there rushing causing severe bleeding injuries on their persons. Appellant was apprehended by the villagers when he tried to flew away.