RAJENDRA MURMU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 26th and 27th August, 2013 passed by the learned Sessions Judge, Purulia in Sessions Trial No. 03 of 2013 arising out of Sessions Case No. 364 of 2012 convicting the appellant for commission of offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay fine of Rs. 1,000/-, in default, to suffer further rigorous imprisonment for six months more.

(2.) The prosecution case as alleged against the appellant is to the effect that on 29.09.2012 at around 9/9.30 P.M. a quarrel ensued between the appellant and one Ajit Murmu (the deceased) over the issue of plucking of papaya. In the course of quarrel, the appellant suddenly dealt a lathi blow on the head of the victim. The victim fell down on the ground with bleeding injuries. His wife cried for help and local people assembled at the spot. Subsequently, the victim died. Written complaint was lodged by P.W.1 Lasmi Moni Murmu resulting in registration of Boro Police Station Case No.28 of 2012 dated 30.9.2012 under Section 302 of the Indian Penal Code against the appellant. In conclusion of investigation, charge-sheet was filed against the appellant under the aforesaid provision of law. The case being a sessions triable one was committed to the Court of Sessions and charge under section 302 of the Indian Penal Code was framed against the applellant. The appellant pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined 12 witnesses and exhibited a number of documents. The defence of the appellant was one of innocence and false implication. In conclusion of trial, the trial Judge by the impugned judgment and order dated 26th and 27th August, 2013 convicted and sentenced the appellant, as aforesaid. Hence, the present appeal.

(3.) Nobody appears for the appellant. Mr. Bitasok Banerjee, learned Advocate is requested to assist this Court as amicus curiae.