DAKTAR HANSDA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 25.08.2015 and 27.08.2015 passed by learned Additional Sessions Judge, 6th Court, Paschim Medinipur in Sessions Trial Case No. 6(4)/2014 convicting the appellant for commission of offence punishable under Sections 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay fine of Rs.10,000/-, in default, to suffer further rigorous imprisonment for three months more.

(2.) Prosecution case, as alleged against the appellant, is to the effect that on 23.10.2013 at 10.00 P.M., appellant dragged Sushil Hansda from his house and assaulted him mercilessly with a lathi after tying him to a mango tree in front of his house. As a result, the victim died. Over the incident, Chhabi Hansda, wife of the victim, P.W.1, lodged first information report resulting in registration of Goaltore Police Station Case No.119 of 2013 dated 24.10.2013 under Section 302 of the Indian Penal Code. In conclusion of investigation, charge sheet was filed against the appellant. The case was committed to the Court of Sessions and transferred to the Court of the learned Additional Sessions Judge, 6th Court, Paschim Medinipur 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 9 witnesses and exhibited a number of documents. The defence of the appellant was one of innocence and false implication.