DIPAK SARKAR @ MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 22nd December 2005 passed by the learned Additional Sessions Judge, 1st Fast Track Court, Cooch Behar in Session Trial No. 02 (4) 2003: Session Case No. 198 / 2000, thereby finding the accused Dipak Sarkar @ Mondal guilty for the commission of offences punishable under Sections 302 and 448 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 1000/- only, in default to suffer further imprisonment for three months for the offence punishable under Section 302 for the Penal Code and to suffer simple imprisonment for three months for the offence punishable under Section 448 of the Penal Code, both sentences having to run concurrently, while acquitting the co-accused Chitta Biswas and Bijoy Mondal.

(2.) On 25th March 1997 at about 21.05 hours the informant Sunil Lal Dey (PW10) lodged a First Information Report being Kotwali Police Station Case No 84/97 under sections 307, 326, 448, 34 (and subsequently added section 302) of the Penal Code against the appellant, one Rintu Saha and others. He alleged that on 25th March 1997 at about 3 pm about 15/16 assailants armed with deadly weapons came from Birpara Kaisai Patty and assaulted one Tapan Dey after barging into his uncle's house. They hit Tapan on his abdomen and right hand with sharp cutting weapons and he sustained severe injuries. He was taken to hospital with bleeding injuries. The locals of the village identified two assailants namely, Dipak Sarkar and Rintu Saha.

(3.) Investigation commenced. An inquest was done by the Investigating Officer (PW13) on 26th March 1997 at about 11.05 hours in the hospital. PW 9 conducted the post mortem examination of the dead body on 26th March 1997 at about 12.15 pm and found that the death was due to the effects of haemorrhage and shock caused by the ante-mortem injuries sustained. After completion of investigation, a charge sheet was submitted against the three accused including the present appellant under sections 448, 302 read with Section 34 of the Penal Code. Charges were framed against the appellant and those two others namely, Chitta Biswas and Bijoy Mondal under sections 448, 302 read with Section 34 of the Penal Code on 24th April 200