RAMKRISHNA DAS Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dtd. 19/9/2013 passed by the learned Additional Sessions Judge, Fast Track Court, Sadar, District- Cooch Behar in Sessions Case No.272 of 2012 and Sessions Trial No.04(07)/2012 convicting the appellant for commission of offence punishable under Ss. 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs.20,000.00 in default to suffer further R.I. for four months.

(2.) Prosecution case, as alleged, against the appellant is to the effect that one Jyotish Das, father of the appellant (defacto complainant herein) along with his wife and other relations had gone to Dinhata on 15/2/2012 at about 4.15 P.M. for selecting a bride for the appellant. His aged mother, Surabala Das (the deceased herein) was in the house. When they returned home at about 9.30 P.M./ 9.45 P.M., they found the light of the room of his mother was switched off. Switching on the battery light they noticed though the room had been washed with water, there were some blood stains in the water. Being suspicious, the defacto complainant started searching for his mother and found her lying on the bed with her clothes wet and with blood oozing from her face and knee. They searched for the appellant and found him in an aggressive mood. Appellant told the defacto complainant that he had done the needful and now he may prepare for the funeral of his mother. Defacto complainant called his neighbours as well as the police. His mother was shifted to M.J.N. Hospital where she was declared dead. On the written complaint of defacto complainant (P.W.1), the instant case was registered. In conclusion of investigation, charge sheet was filed against the appellant.

(3.) Charge was framed against the appellant under Ss. 302 of IPC. The appellant pleaded not guilty and claimed to be tried.