GIRIDHARI KUMAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgement and order dated 31st October/3rd September, 2010 passed by the learned Additional Sessions Judge, Fast Track Court-2, Purulia in Sessions Case No. 39 of 2009 (Sessions Trial No. 22 of 2009) convicting the appellant for commission of offence punishable under Sections 302/447 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay fine of Rs.5,000/- for the offence punishable under Section 302 IPC and to suffer rigorous imprisonment for three months for the offence punishable under Section 447 IPC; both the sentences to run concurrently.

(2.) The prosecution case as alleged against the appellant is to the effect that in the night of 4th June, 2008 the victim, Dwijapada Kumar had gone to his vegetable field to guard his crops. At that time the appellant went to the said field to commit theft. Dwijapada restrained the appellant whereupon the latter strangulated him with a cloth and assaulted him with sharp cutting weapon causing grievous injuries. The wife and niece of Dwijapada being PW9 & 10 respectively witnessed the incident as they had come near the field to ease themselves. Soon thereafter other witnesses including the brother of the victim namely, Parameswar Kumar (PW1) came to the place of occurrence. PW9 & 10 narrated the incident to them. PW1 lodged complaint with the local police station resulting in registration of Purulia (M) Police Station Case No. 100/08 dated 4th June, 2008 under Sections 341/324/326 IPC. In the meantime, the victim died on the way to hospital. Thereupon, section 302 of the Indian Penal Code was added to the array of offences. In conclusion of investigation, charge-sheet was filed against the appellant under Sections 302/447 IPC. The case being a sessions triable one was committed to the Court of Sessions and was transferred to the Court of the Additional Sessions Judge, Fast Track Court-2, Purulia for trial and disposal. Charges were framed against the appellant under Sections 302/447 IPC. In the course of trial, prosecution examined 23 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 judgement and order dated 31st October/3rd September, 2010 convicted and sentenced the appellant, as aforesaid.

(3.) Mr. Kaushik Gupta, learned advocate along with Mr. Saryati Datta, learned advocate appearing for the appellant argued that the manner and circumstance in which the victim died has not been proved beyond reasonable doubt. Time of occurrence has not been determined with certainty. There is no clarity as to the distance between the place of occurrence and the house of the victim and other witnesses. Presence of PW9 & 10 at the place of occurrence is highly improbable. Version of the other witnesses that they reached the spot after hearing hue and cry is most unnatural in view of the fact that the vegetable garden was far away from the village. Recovery of the weapon of assault has not been established. Without prejudice to the aforesaid it is argued that the incident occurred without premeditation and the appellant had not acted in a cruel or unusual manner. Therefore, conviction under Section 302 IPC was unwarranted. He accordingly, prayed for acquittal of the appellant.