LELAN TOPNO Vs. STATE

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment dated 30. 6. 2008 convicting and sentencing the accused Lelan Topno in the sessions Case No. 29 of 2003 of the Court of learned Sessions Judge, andaman and Nicobar Islands at Port Blair.

(2.) THE prosecution case briefly stated is as follows : -Smti Phool Kumari, wife of Shri Phoulgens Bara, was living with the accused Mr, Lelan Topno at Purana Thana, Rangat alongwith her daughter as a tenant under Mrs. V. Basanti. On 2. 5. 2003, at about 7. 00 pm while the said v. Basanti alongwith Phool Kumari were returning home at Purana Thana, after purchasing vegetables from the market, the accused came from the side of paddy field and suddenly took out a small ballam from the back side of his waist and pierced the same to the chest of Phool Kumari. He again with the same sphere gave several other blows in her stomach and other parts of the body. The said V. Basanti then fled away from the spot after the second blow and took shelter in the pan shop of a Tamilwala, who made a telephone call to the Rangat P. S. Police came to the spot alongwith V. Basanti and found Phool kumar lying dead. Police recorded the statement of Smti V. Basanti on the basis of which an FIR No. 163 of 2003 dated 2. 5. 2003 was chalked down at the Rangat P. S. for an offence under Section 302, l. P. C. against the accused shri Lelan Topno and investigation of the case was started.

(3.) DURING investigation, police arrested the accused and recorded his statement under Section 27 of the Evidence Act leading to discovery of the offending weapon and his own wearing apparel which were hung in a tree at parnasala jungle. During such investigation, the I. O. also got the dead body of the deceased examined by the postmortem doctor at Rangat hospital. Photographs of the dead body and also of the recovery of offending weapon and wearing apparel of the accused were taken. The police also took the controlled earth and the blood stained earth and also sent the same and the wearing apparels and offending weapon to CFSL, Kolkata. Police also examined the witnesses and thereafter submitted charge-sheet for offence under Section 302, l. P. C. against the accused. Thereafter report of the CFSL was obtained showing that the blood at the weapon and also that blood stained in the wearing apparel of the victim and offending weapon and wearing apparel of the accused all were human blood with group 'b' when it was found that the said offending weapon might have caused such cut marks as present in the blouse and brassiere of the victim.