KRISHNA SINGH SARDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been preferred by the appellant assailing the judgment and order of conviction dated April 16, 2004 and sentence dated April 17, 2004 passed by the learned Additional Sessions Judge, Fast Track Court No. 1 in Sessions Trial No. 47 of 2003 arising out of Sessions Case No. 109 of 2003 convicting the appellant for commissioning of the offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as IPC) and sentencing him to suffer rigorous imprisonment for life and fine of Rs. 1000/- in default to suffer simple imprisonment for one month with a direction for usual set off under Section 428 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.).

(2.) Prosecution case, in brief, is that on September 19, 2001 at about 19.00 hrs appellant called the victim, Hatilal Singh Sardar, from his house and gave a blow with an axe on the head resulting in his death and thereafter surrendered at the P.S. with the axe.

(3.) On the basis of the written complaint of P.W.1, scribed by P.W.2, Balarampur P.S. Case No. 53 dated September 19, 2001 under Section 302 IPC was started against the appellant by P.W.12 and he himself took up investigation of the case.