PARTHA MONDAL @ PAYEL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 29.07.2015 and 30.07.2015 passed by the learned Additional Sessions Judge, Fast Track Court, Bankura in Sessions Trial no 2(2)/13 arising out of Sessions Case no. 4(11)/12 convicting the appellant for commission of offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer life imprisonment and to pay a fine of Rs.5,000/-, in default, to suffer rigorous imprisonment for six months more.

(2.) The prosecution case, as alleged, against the appellant is to the effect that on 07.07.2012 around 6.00 a.m, Samapti, the deceased, along with her cousin, Pintu Mondal, P.W. 2, was going to attend a private coaching class. On the way, the appellant accosted them and dragged Samapti by catching hold of her hand and thereafter slashed her neck with knife. Seeing the incident, P.W. 2, fled to the residence of the deceased and informed her family members. Hearing the news, P.W. 1, father of the deceased, and other relations rushed to the spot. The victim was alive and disclosed the incident to them. She was initially shifted to Beliatore Primary Health Centre where she was treated by P.W. 11 and thereafter at BSMC Hospital, Bankura where she breathed her last.

(3.) On the written complaint of P.W. 1, Beliatore P.S. Case No. 42 of 2012 dated 07.07.2012 under sections 376/511/302 IPC was registered. Appellant was arrested and on his leading statement the weapon of offence, that is, knife, was recovered.