BIMAL @ BIMALENDU MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been preferred by the appellant assailing the judgment and order of conviction dated September 23, 2004 and sentence dated September 24, 2004, passed by the learned Additional Sessions Judge, 3rd Court, Bankura in Sessions Trial No. 1(2) 2004 arising out of Sessions Case No. 3(9) of 2003. By virtue of the impugned judgment, the appellant was convicted for the commission of the offense punishable under Sections 302/201 of the Indian Penal Code (hereinafter referred to as the IPC) and was sentenced to suffer rigorous imprisonment for life and to pay fine of Rs. 2000/- in default to suffer rigorous imprisonment for one year for the offence under Section 302 IPC and sentenced to suffer rigorous imprisonment for 4 years and pay a fine of Rs. 500/- in default to suffer rigorous imprisonment for three months for the offence punishable under Section 201 IPC with a direction that both the sentences will run concurrently.

(2.) The case of the prosecution, in brief, is as follows:

(3.) On August 13, 2002 at about 000 p.m. dead body of the victim, Anima Mandal, was found floating in the pond of village Karakberia. The villagers then lifted the dead body from the pond and informed the matter to the Kotulpur Police Station. PW-1, brother of the deceased was also informed by P.W.1 On getting such information P.W.1 arrived there and found the dead body of his sister by the side of the pond. PW-14, Officer-in-charge, Kotulpur P.S. on the basis of the information received from one Ardhendu Mondal at about 22.45 hrs. started UD Case being No. 23/2002 dated August 13, 2002 and reached at the spot at 22.55 hrs. He held inquest over the dead body of the victim on the same day in presence of PW-1,PW8,PW-9 and Sridhar Ghosh and prepared a report ( Ext.6 ) and thereafter sent the dead body for postmortem examination at Bishnupur Sub-Divisional Hospital. On August 14 2002 at 12.30 p.m., PW-11 held postmortem examination over the dead body of the victim and during examination he found Haematoma (pale blood clot) over the muscle of right chest, all over the scalp, over the brain matter, submecuous hemorrhage over the inner wall of stomach and opined that death was due to shock in case of head injury, ante mortem and homicidal in nature with features of unknown poisoning.