JHANTU DULEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against judgment and order dated 29.8.2012 and 30.8.2012 passed by learned Additional District and Sessions Judge, Fast Track Court, Khatra, Bankura in Sessions Case No. 1(6)/11 arising out of Sessions Case No.3(3)/11 convicting the appellant for commission of offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay fine of Rs.5,000/-, in default, to suffer simple imprisonment for five months more.

(2.) The prosecution case, as alleged against the appellant, is to the effect that on 13.9.2010 at 3.00 P.M., the appellant took the victim, Swapan Halder towards the Bibarda jungle where he assaulted him on the head with a stone. This was witnessed by Sandip Ghosh, P.W.1 and Kajal Khan, P.W.9 and others. Seeing them, the appellant fled away. The victim was taken to the chamber of Dr. Satya Sadhan Das for treatment and he was thereafter shifted to Bankura Sammilani Medical College and Hospital where he was admitted and expired on the next day. Thereafter, his brother, P.W.17, lodged written complaint at the police station which was scribed by P.W.1 resulting in registration of Taldanga P.S. Case No.48 of 2010 dated 14.9.2010 under Section 302 of the Indian Penal Code against the appellant. The case was committed to the Court of Sessions and transferred to the Court of the Additional District and Sessions Judge, Fast Track Court, Khatra, Bankura for trial and disposal.

(3.) Charge was framed against the appellant under Section 302 of the Indian Penal Code. To prove its case, prosecution examined 17 witnesses and exhibited a number of documents. Defence of the appellant was one of innocence and false implication.