RAM CHANDRA YADAV Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and sentence passed by learned Additional Sessions Judge, 13th court, South 24 Parganas, Alipore in Sessions Trial No. 02 (09) of 2001 arising out of South Port P. S. Case No. 70 dated 3rd June, 2001 under Section 302 indian Penal Code sentencing thereby the appellant to suffer Rigorous imprisonment for life.

(2.) ON the statement of one Gurumurti Narayan, the case was registered wherein it was alleged that on 02. 6. 2001 in the afternoon he came to the club-room. While he was in the club-room with his friends, at about 9. 00 p. M. one of his neighbours Smt. Rama Devi, wife of appellant Ram Chandra yadav came to him and said that her husband had kept his second son confined in a room and inspite of calling him several times he was not opening the door of the room. On hearing this, the informant along with other members of the club went with Rama Devi to her room. The informant along with others found that the door was closed from inside and a light was burning inside the room. The informant saw through the window that Ram Chandra Yadav was standing with his son Pradip Yadav aged about 3-1/2 years. Ram Chandra was asked to open the door and let the boy go out. Ram Chandra abused them and said that unless they left they would be killed. In the meantime other people gathered there. The informant and others saw through the window that Ram Chandra had a 'bonti' in his hand and was saying that he would kill unless they left the place. Saying this, Ram Chandra gave a blow on the throat of Pradip Yadav with the help of 'bonti'. Information was sent to the P. S. and after a while the police Officer came from the P. S. Thereafter, police broke open the door and arrested Ram Chandra. Ram Chandra's wearing apparels were stained with blood at the time he was apprehended.

(3.) AFTER completion of investigation, charge sheet was submitted under section 302 Indian Penal Code. The charge was framed under Section 302 indian Penal Code. Charge was read over and explained to the accused who pleaded not guilty and claimed to be tried.