SWAPAN GHORA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 26.11.2012 and 27.11.2012 passed by the learned Additional District & Sessions Judge, Fast Track Court, Kakdwip, South 24 Parganas in Sessions Case no. 96(11)/2008 (Sessions Trial No. 3(2)/2009) 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 a fine of Rs. 1,000/-, in default to suffer rigorous imprisonment for six months more.

(2.) Prosecution case against the appellant and co-accused Arati Ghora is to the effect that the appellant and the deceased Bilwapada Ghora were own brothers. There was enmity between them over landed property. On 31.7.2008 at about 9.30 p.m. while Bilwapada Ghora was returning home from 5 No. Hat, he met the appellant and one Harish Chandra Mondal at the culvert near Raghunathpur. At that time they were taking liquor. Harish Chandra Mondal requested the deceased to consume liquor with them but the deceased found some blue substance in his glass and refused to drink the liquor. Thereafter, he went to his residence and informed the incident to his wife Aduri Ghora, P.W 1 and told her that he intended to inform such incident to the neighbours. At about 10.15 p.m. Aduri Ghora heard shouting and scuffling near her house. She rushed out and found that the appellant and his wife Arati were quarrelling with her husband. In the course of quarrel, the appellant hit her husband on the head with a bhojali. Thereafter the miscreants fled away. Her husband was taken to Kakdwip hospital where he was declared dead. P.W 1 reported the incident to the police station resulting in registration of Kakdwip P.S case no. 142/08 dated 1.8.2008 under section 302/34 IPC against the appellant and his wife, Arati Ghora.

(3.) In conclusion of investigation, charge sheet was filed against the appellant and co-accused Arati Ghora. The case was committed to the court of sessions and then was transferred to the court of Additional Sessions Judge, Fast Track Court, Kakdwip, South 24 Parganas for trial and disposal. Charges were framed under section 302/34 IPC and the appellant and Arati Ghora who pleaded not guilty and claimed to be tried.