ISMAIL KAPASI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against a judgment and order of conviction dated 11th October, 2004 and sentence dated 12th October 2004 passed by the Learned Additional Sessions Judge, 2nd Fast Track Court, Bichar Bhawan, Kolkata in Sessions Trial No. 3 (May), 2003: Sessions Case No. 118/2002 thereby convicting the appellant for committing an offence under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 5000/-, in default to suffer rigorous imprisonment for three months.

(2.) On 3rd June, 2000 at about 19:55 hours, PW 3 lodged a First Information Report under Sections 302 and 394 of the Penal Code against unknown accused alleging looting of articles from his brother's flat and murder of his brother's wife Fatema Md. Hossein Burtanwalla. The de facto complainant stated that he along with his family members resided in a flat on the second floor of the house at premises no. 24, Pollock Street, Kolkata700001.

(3.) Mr. P.P. Acharya, the Learned Executive Magistrate, held inquest over the dead body of the victim on 4th June 2000 at 15:30 hours at the police morgue. As per his report (Ext. 25) he found several injuries on the dead body, which are given as under:-