- (1.) This is an appeal against the judgment dated 10th November, 2006 and order dated 13th November, 2006 passed by learned 3rd Court of Additional Sessions Judge, Darjeeling in Sessions Trial No. 15 of 2006 arising out of Sessions Case No. 47 of 2005. By the said judgment and order the learned Trial Court held the present appellant guilty of the offence under Section 302 of the I.P.C. and convicted him accordingly. He had been sentenced to suffer imprisonment for life and to pay fine of Rs. 50,000/- in default, to suffer further imprisonment for five years. The prosecution case, in a nutshell, is. On 14th of April, 2005 at about 10-00 p.m. at night, the Manager, of Ambotia Tea Estate, namely Daljit Singh was having dinner in his bungalow. Hearing the sound of someone hitting the main gate of the bungalow, he came out and found that one Jalraj Chettri was shouting and abusing in filthy language. He was carrying a sharp cutting weapon in his left hand. He rushed towards him and attempted to assault. He stated that he had no grievance against him but he had finished one Manas Mishra. The bungalow chowkidar Sri Kumar Rai was also there. Mr. Rajendra Singh (office staff) and his sister Anita Singh and one Prasant Chettri arrived at the spot. They took the accused out. Daljit Singh then rushed out to find out as to what had happened. He was told by the factory chowkidar, Dhanraj Mangar and Dilbahadur Subba that Manas Mishra had not come to the factory. Diljit then tried to contact Manas over mobile phone. Wife of Manas received the call and reported that Manas was not in the house and he forgot to carry the mobile with him. Daljit Singh by the time received a call from one Arjun Goswami, the Field Assistant Manager. He reported that chowkidar Padambahadur Kami @ Jantaray Kami had it formed that Jairaj Chettri attacked Manas Mishra near the oil godown in front of the factory main gate. On search, Daljit being accompanied by the chowkidar discovered the dead body of Manas Mishra. Daljit then informed Kurseong Circle Inspector and he switched on the siren of the factory. Many people including all the Assistant Managers arrived at the spot. Manas was found with severe injuries on the neck (back side), forehead, right wrist, left arm and left palm. Daljit then lodged a written complaint. It was written and signed by him. It was handed over to the Inspector-in-Charge. On the basis of such written complaint, which was treated as FIR, a case was started being Kurseong P.S. Case No. 24/05 dated 15th April, 2005.
(2.) After completion of investigation, police authority submitted charge sheet. The case was thereafter committed to the learned Court of Sessions and then sent to the learned Trial Court.
(3.) The present appellant as accused person was charged for the offence under Section 323/302/506 of the I.P.C. He pleaded 'not guilty' to the said charge and claimed to be tried.;