PARAMESWAR MUNDA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been preferred by the appellant assailing the order of conviction and sentence dated August 18, 2004, passed by the learned Additional District and Sessions Judge, 1st Fast Track Court, Alipurduar in Sessions Trial No. 20 of 2004 arising out of Sessions Case No. 64 of 2004 whereby appellant was convicted and sentenced to suffer imprisonment for life and to pay fine of Rs. 5,000/- in default to suffer imprisonment for one year more for the commission of offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as IPC) with a direction for set off in terms of provision of Section 428 of the Code of Criminal Procedure read with Section 433A of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.).

(2.) The case of the prosecution, in brief, is as follows :

(3.) On February 25, 2004 on receipt of a telephonic information about murder of a person P.W.12 along with P.W.11 went to Patkapara Tea Garden. On reaching there, P.W.2 submitted a written complaint (Ext.1) to the effect that in the morning he came to know from his mother (P.W.1) that there was a quarrel between her and the appellant. Appellant called his brother Dhuma Oraon (victim) and in the early morning his brother's dead body was found lying on the back side of temple of Goddess Durga. P.W.12 then forwarded the complaint to the P.S. for starting a case and endorsed the case to P.W.11 for investigation. On the basis of that complaint, P.W.9 started Alipurduar P.S. Case No. 45 dated February 25, 2004 under Section 302 IPC against the appellant.