JAGADISH MAZUMDER Vs. STATE

JUDGEMENT

(1.) This is an appeal directed against the judgment of conviction and order of sentence dated January 9, 2017 in S.C. No. 58 of 2012 passed by the Additional Sessions Judge, Andaman & Nicobar Islands, Port Blair, whereby the appellant was convicted for the offences punishable under Sections 302, 380 and 449 of the Indian Penal Code (hereinafter referred to as 'IPC').

(2.) The learned Additional Sessions Judge, A and N Islands at Port Blair (hereinafter referred to as 'ASJ') found the appellant Jagadish Mazumder guilty of the offences under Sections 302, 380 and 449 of the IPC and accordingly sentenced him to life imprisonment under Section 302 and imposed a fine of Rs. 5,000/- and, in default of payment of fine, rigorous imprisonment for a further year. Jagadish Mazumder was also sentenced to 10 years of imprisonment under section 449 of the IPC and a fine of Rs. 3,000/- was imposed and, in default of payment of fine, rigorous imprisonment for further six months. Jagadish Mazumder was also convicted under Section 380 of the IPC and sentenced to 5 years of imprisonment and a fine of Rs. 1000/- was imposed and, in default of payment of fine, rigorous imprisonment for further 2 years.

(3.) In short, the facts leading to the above convictions are that the complainant, Manoj Kumar Sarkar, stated that he is a resident of VIP Street, Rangat and is working as an LIC agent. His father, Mahendranath Sarkar (the victim/deceased), used to reside alone in his own house at Ulla Basti, Nimbutala. The complainant further stated that he has three brothers and two sisters and that his mother resides with his elder brother, Ashim Sarkar, at Junglighat, Port Blair, who is working as a Junior Engineer in APWD Department. The complainant further stated that on July 12, 2012, at about 8:00 A.M., a villager named Subal Halder of Ulla Basti, Nimbutala called and informed him that his father was sitting on a chair and the front door was closed from inside. Subal Halder further informed him that he had called out to his father time and again but his father had not responded to his call. The complainant, Manoj Kumar, also stated that he along with a few villagers went to his father's house and saw that the front door of the house was closed from inside. He thereafter telephoned the Pradhan of the Nimbutala Panchayat, Shri Manoj Biswas, who came to the spot along with police personnel. Thereafter, at about 9:00 A.M., they all entered the house from the back door, which was unbolted. On going there, they found that there were several deep-cut injuries on the neck and the body of the deceased and blood was oozing profusely. He further stated that the floor of the hall room of the house was stained with blood. On the basis of the said fard bayan of Manoj Kumar Sarkar, Rangat P.S. Case No. 100 of 2012 dated 12.07.2012 for offences under Sections 449/302/380 of IPC was registered and Dilip Kumar Seal, Sub Inspector of Police, was entrusted to take up the investigation.