SAPU DAKUA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These three appeals are directed against the judgment and order of conviction dated 16.03.2005 and sentence dated 18.03.2005 passed by the Learned Special Judge-cum-Additional Sessions Judge, Cooch Behar in Sessions Trial No. 2(6) 02: Sessions Case No. 61/2000, thereby convicting the appellants under Section 302 of the Penal Code and sentencing them to suffer imprisonment for life along with a fine of Rs. 10,000/- each, in default to suffer simple imprisonment for one year. During pendency of the appeals the appellant Sapu Dakua alias Amitabha Dakua passed away and the appeal abated as against him on 04.07.2017.

(2.) On 06.11.1996 at about 12.05 hours, PW 1 lodged the instant First Information Report with the Mathabhanga Police Station alleging commission of an offence under Section 302 read with Section 120B of the Penal Code against unknown assailants. PW 1 alleged that on 06.11.1996 at about 8.00 hours, PW 9 came in a motor cycle and informed him that PW 1's brother Dilip Sarkar was murdered last night at 1.30 hours in his house by some unknown miscreants. The victim was rushed to a hospital by PWs 2, 3, 8 and 9. PW 1 visited the hospital and found the victim dead. He further alleged that the victim's wife Lakshmi, an appellant, had an affair with one Surendra, another appellant. The victim had objected to this. The wife had earlier given poison to the victim mixed with milk. PW 1 believed that the victim's wife collaborated with the miscreants to murder him. PW 3, the couple's son, who was sleeping by the side of the victim, did not have any clue about what was happening. The victim's wife gave out different versions on different occasions.

(3.) The investigation commenced. On 06.11.1996 at about 9.35 hours PW 13, the Investigating Officer, held an inquest over the deadbody of the victim in the hospital in the presence of witnesses including PW 9. The right eyeball had come out of the socket. There were marks of grave injuries on the left eye. Blood seeped from the nose. The preliminary investigation revealed that PW 2 saw the victim lying dead on bed in a pool of blood. The miscreants wounded the victim with a firearm. On 06.01.1996 at 15.30 hours PW 15, a doctor, conducted the post- mortem examination over the deadbody of the victim. According to him, the death was caused by a stab injury over the head that destroyed the brain matter. The weapon used was probably circular in diameter. After completion of investigation, a charge sheet was submitted. On 15.09.2000 charges were framed against the four accused under Section 302 read with Section 120B of the Penal Code.