MADHAB CHANDRA BAKULI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against judgment and sentence passed by the learned Sessions Judge, Fifth Bench of the City Sessions Court at Calcutta in Sessions Case No. 64 of 1988 and Sessions Trial No. 2 of 1989. The appellant/accused stood for trial on the charges under Section 302 of the Indian Penal Code and under Section 498-A of the Indian Penal Code. The brief fact of the case is as follows :

(2.) In pursuance of this complaint, the Investigating Officer of Shyampukur Police Station, Calcutta started investigation. At night of 25th.February, 1985 the Investigating Officer went to the place of occurence and seized various incriminating articles and prepared a seized seizure list. Appellant/accused was arrested on that day. The Investigating Officer obtained statement of various persons under Section 161 of the Criminal Procedure Code. Thereafter the charge was framed by the learned Court below in the manner as follows :

(3.) The prosecution in order to prove the charges, has examined as many as 29 witnesses, the defence produced none. It appears from the trend of the answer to the questions put under Section 313 of the Criminal Procedure Code that defence version is totally denial. The learned trial Judge has convicted the appellant on the sole piece of evidence i.e., the dying declaration allegedly made by the victim and which was taken down and/or recorded by the P. W. 23, the learned Magistrate. The learned trial Judge apart from dying declaration, has also relied on unspecified circumstantial evidence.