CHITTA MITRA Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction and sentence dated 29th June, 2004 passed by the Learned Additional Sessions Judge, Fast Track Court-2, Kalyani, Nadia in ST No. III(3) 04: SC No. 24 (2) 04, thereby convicting the appellant under Section 302 of the Indian Penal Code and sentencing him to suffer life imprisonment for the same.

(2.) On 14th October 2003 at about 1.35 hours, the de facto complainant (PW1) lodged a First Information Report with the Haringhata Police Station that on 13th October 2003 at about 21:30 hours that her husband Mangal Chandra Mandal, while coming back from the market, was murdered by unknown miscreant with a 'ballam' near the house of Netai Gain (PW 5).

(3.) Investigation commenced. Inquest was done. The post mortem examination over the dead body was conducted on 14th October 2003 at about 15:40 hours. A sharp penetrative injury measuring 1'' X 1/2" through the 5th intercoastal space piercing the skin, muscle, pericardium, perforating the left ventricle was found on the body. Lacerations over the forehead were also found. The doctor's opinion was that the death was due to the effect of injury, which was ante mortem and homicidal in nature. After submission of charge-sheet and commitment of the case, a charge was framed against the appellant under Section 302 of the Penal Code. The appellant claimed innocence and the trial started.