SK ANOWAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appeal is directed against judgment and order dated 17.01.2015 and 19.01.2015 passed by the learned Additional Sessions Judge, 2nd Court, Tamluk, Purba Medinipur in connection with Session Trial No. 4(8)2013 arising out of Session Case No. 403(July)2013 convicting the appellant for the commission of offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs. 10,000/-; in default to suffer simple imprisonment for two and half years.

(2.) The prosecution case as against the appellant is to the effect that on 05.04.2013 at 8.00 PM there was an altercation between the appellant and the victim over outstanding dues in the shop of the latter. In the course of altercation, the appellant poured hot oil on the body of the victim. The victim suffered burn injuries and was shifted to Garh Moyna Primary Health Centre and thereafter to Purba Medinipur District Hospital at Tamluk. Over the incident written complaint was lodged by P.W. 1 Sandhya Ghorai, wife of the victim. Subsequently, the victim expired on 09.04.2013 and Section 302 IPC was added to the array of accusation in the FIR. In conclusion of investigation charge-sheet was filed against the appellant and the case was committed to the Court of Sessions and transferred to the Court of learned Additional Sessions Judge, 2nd Court, Tamluk, Purba Medinipur. Charges were framed under sections 326/302 of Indian Penal Code. The appellant pleaded not guilty and claimed to be tried.

(3.) Prosecution examined 17 witnesses and exhibited a number of documents. The defence of the appellants was one of innocence and false implication. In conclusion of trial, the learned Trial Judge by judgement and order dated 17.01.2015 and 19.01.2015 convicted and sentenced the appellant as aforesaid.