SITARAM BASKEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgement and order dated 31.07.2004 passed by the learned Additional Sessions Judge, 2nd Court, Purulia, in Sessions Trial no. 13 of 2004 arising out of Sessions Case No. 24 of 2004 convicting the appellant for commission of offence punishable under Sections 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs.5,000/- (Rupees Five Thousand only), in default, to suffer rigorous imprisonment for six months more.

(2.) The prosecution case, as alleged, against the appellant is to the effect that on 25.07.1999 at about 5 p.m. Sukram Hembram was assaulted by the appellant with an axe and as a result of such injury he expired. Nepal Hembram, son of the victim saw the appellant going away from the place of occurrence with an axe and found his father lying on the road with grievous injury. It was alleged that there was dispute between the appellant and the victim as the appellant had accused the victim to practice witchcraft causing illness of his daughter Sabitri Baskey. Over such issue, Nepal lodged written complaint at Bandwan P.S. against the appellant resulting in registration of Bandwan P.S. Case No. 24/99 dated 25.07.1999 under Section 302 of the Indian Penal Code. In the course of investigation, appellant was arrested and the weapon of assault, namely, axe was seized from his possession. The stains on the seized weapon tested positive to human blood.

(3.) Charges were framed under Section 302 of the Indian Penal Code against the appellant. He pleaded not guilty and claimed to be tried.