BEFAIA KARWA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant, Befaia Karwa, stands convicted for offences punishable under Sections 302/201/34 of the Indian Penal Code (for short 'IPC') and sentenced to undergo life imprisonment and to pay a fine of Rs. 1,000/- with default sentence of rigorous imprisonment for six months for the offence under Sections 302/34 of IPC and to suffer imprisonment for three years for the offence under Sections 201/ 34 IPC, both the sentences to run concurrently, in Sessions Case No. 33 of 2003 of the Court of the First Additional Sessions Judge, Siliguri.

(2.) Heard the learned counsel for the appellant and the learned Additional Public Prosecutor.

(3.) The prosecution case, in brief, is that on 06.03.2003, at about 12.00 noon Balku Majhi left his house after lunch but did not return and then his son Rajendra Majhi (PW4) and other members of the family searched for Balku Majhi, but failed to find him; on 07.03.2003, at about 5.00 P.M., Balku Majhi's wife Sabina Majhi (PW9) came to learn that the dead body of Balku Majhi (deceased) was lying at Block No. 13 at Dagapur Tea Estate; consequently, her son PW4 went to the spot and found the dead body of his father and noticed cut mark injuries on both side of the ears; on information being received, SI Sukumar Ghosh (PW13) went to the spot and the victim's son PW4 submitted a written complaint before the said Sub-Inspector (IO) on the spot making allegations against unknown miscreants for the murder of Balku (victim); and the body was sent for post-mortem, then the case was started with the investigation being taken up by the IO, which was later approved by the Officer-in-Charge of the Police Station; and on completion of investigation, charge-sheet was laid against two persons, namely, the appellant Befaia Karwa, who was arrested, and Mottu Karwa who was and still is absconding. Proceedings against Mottu Karwa was segregated and filed as he was absconding. On committal, charge was framed by the Sessions Court against Befaia Karwa (appellant). Upon his denial of the prosecution's allegations when the charge was read out, the accused was put to trial. That resulted in his conviction and sentence against which this appeal is instituted.