MADHUSUDAN TELI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been preferred by the appellant assailing the order of conviction dated January 21, 2004 and sentence dated January 22, 2004 passed by the learned Additional Sessions Judge, Durgapur in Sessions Trial No. 18 of 2002 arising out of Sessions Case No. 40 of 2001.

(2.) By virtue of the impugned judgment appellant was convicted for commission of the offence punishable under Sections 302/323 of the Indian Penal Code (hereinafter referred to as IPC) and was sentenced to suffer imprisonment of life with a fine of Rs. 2000/- in default to undergo rigorous imprisonment for two years for the offence under Section 302 IPC and to suffer imprisonment for one year and fine of Rs. 500/- in default to suffer rigorous imprisonment for six month for the offence under Section 323 IPC with a direction that both the sentences were to run concurrently with usual set off under Section 428 of the Code of Criminal Procedure (hereinafter referred to Cr.P.C.).

(3.) On September 20, 2000 at about 4.10 a.m., on hearing screaming of his parents when P.W.1 came out of his room to see what had happened he saw his father (Monsa Murmu) lying in their lawn bleeding from his head and left hand and mother having bleeding injury on her head. On being asked they told him that the appellant had caused those injuries with a 'Saval'. At that time P.W.1 heard cries of his wife who was coming out of the room telling that the appellant had hit her on her head with an 'Saval'. He then rushed there, then appellant hit him on his head causing bleeding injury therefrom. P.W.1 then snatched the 'Saval' from the appellant and hit him on his hands and legs as a result of which appellant fell down. He then tied the appellant with a rope.