S. Talapatra, Arindam Lodh, J. - (1.)The appellant was charged under Sec. 302 and 201 of the IPC for committing murder of Priyabala Das between the period from 10 a.m. of 22/7/2011 and 2.30 p.m. of 25/7/2011 and after trial, was convicted under Ss. 201 and 302 of the IPC but has been acquitted from the charge under Sec. 376(1) of the IPC on benefit of doubt.
(2.)On the complaint dtd. 25/7/2011 [Exbt.13] filed by one Pradip Das [PW-20], Gandachara P.S. Case No.22 of 2011 under Ss. 376/302/201 of the IPC was registered and investigated. The police report under Sec. 173(2) of the Cr.P.C. was submitted on completion of the investigation, as sequel, cognizance of the offence purportedly committed by the appellant under Sec. 201, 302 and 376(1) of the IPC was taken. The charges which were framed were denied by the appellant. Thereafter, on recording the evidence the trial court returned the said finding of conviction and acquittal by the judgment and order dtd. 17/12/2015.
(3.)In the course of hearing, this court while scrutinizing the records of evidence was taken aback observing the manner in which the examination of the accused under Sec. 313 of the Cr.P.C. has been recorded. The incriminating materials appearing in the whole statement of one witness have been stuffed together to form the question.
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