MANGAL MUNDA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction and sentence dated 31.08.2004 passed by the learned Additional Sessions Judge, Fast Track Court No. I, Alipurduar in Sessions Case No. 61 of 2004 thereby convicting the accused appellant Mangal Munda under Sec. 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life with a fine of Rs. 5,000/ -, in default to suffer imprisonment for a further period of one year.

(2.) The prosecution case, in short, is that on the basis of a complaint lodged by one Ratu Oraon, a case was registered on 24.11.2003 alleging commission of murder of one Pogiya Oraon. In the First Information Report it was alleged that on 23.11.2003 at night one Marang Ashur (P.W. 12), the victim Pogiya Oraon and the accused appellant Mangal Munda consumed liquor together in the house of Marang Ashur. The victim Pogiya Oraon consumed too much and as such the appellant left the house of Marang Ashur with the victim Pogiya Oraon with an assurance that he would help him to reach his house. On the following morning the deadbody of victim Pogiya Oraon was found lying in the bed of Guakhola river with several bleeding injuries in his person. On the basis of such information Birpara Police Station Case No. 67 of 2003 Dated 24.11.2003 was registered under Sec. 302 IPC.

(3.) To prove its case, the prosecution examined as many as 14 witnesses and none was examined on behalf of the defence. The defence of the accused was a plea of innocence and false accusation.