RAJ KUMAR DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order of conviction and sentence dated 21.01.2013 and 22.01.2013 passed by learned Additional Sessions Judge, First Fast Track Court, Kandi, Murshidabad, in Sessions Trial No. 01 (March) 2012 arising out of Sessions Case No. 253 of 2011 convicting the appellant under Sections 302/201 of the Indian Penal Code (hereinafter referred to as I.P.C.) and sentencing him to suffer imprisonment for life and also to pay fine of Rs. 5,000/- (Rupees Five Thousand) in default to suffer rigorous imprisonment for two years for the offence punishable under Section 302 of the IPC and to suffer imprisonment for 7(seven) years and also to pay fine of Rs. 2,000/-(Rupees Two Thousand) in default to suffer rigorous imprisonment for one year for the offence punishable under Section 201 of the I.P.C.

(2.) The gist of the prosecution case as levelled against the appellant is that there was a previous dispute in between the deceased Sukumar Dey and the appellant. Due to the said grudge, the appellant conspired and, woke up the deceased from sleep and took the deceased away from the house of PW 1 at about 11:30 p.m. PW 1 told the deceased not to go with the appellant but appellant assured PW 1 not to be worry. Deceased did not return to his house till late night and PW 1 and others did not receive any information about the deceased. At the dawn, PW 1 got information that the dead body of her husband was floating in the 'Lambegore' pond in the western side of her house. She believed that appellant as per previous plan and in conspiracy either himself or with others committed murder of her husband and in order to conceal the dead body, it was thrown in the pond. Further case of the prosecution is that, the village people lifted the dead body from water. PW 1 saw injury marks on the head, below of eye, nose, forehead and on two legs of her husband.

(3.) On the basis of the said petition of complaint, Kandi P.S. Case No. 318 of 2011 dated 03.08.2011 under Sections 302/201 of the I.P.C was registered.