SAMAPTI CHATTERJEE,J. - (1.) This Crimnal Appeal arises out of judgement and order of conviction passed by the learned Additional District and Sessions Judge , Fast Track Court Purulia on 8th November, 2005 against accused Jaysen Pandey under Section 302 of the Indian Penal Code.
(2.) The fact of the case is as follows :- On 20.02.2005 at 9:45 hours one Haradhan Kuiri, son of deceased Narayan Kuiri lodged an F.I.R at Suisa Outpost which was forwarded to Bagmundih Police Station on the same date for starting a case under Section 302 of the Indian Penal Code against accused Jaysen Pandey alleging that on that very date in the morning when the deceased was returning from Sasa More after having tea, accused Jaysen Pandey assaulted the victim with Tangi and the victim died on the spot. After gathering the information defacto complainant Haradhan Kuiri (P.W.1) son of the victim Narayan Kuiri rushed to the place of occurrence and found his father lying dead with injuries on his person by the side of the road near the house of accused Jaysen Pandey. The further case of the prosecution is that four years ago accused Jaysen Pandey tried to do some rubbish with the daughter of the deceased Narayan Kuiri and over this issue a dispute was cropped up between the parties as a result of which the incident of murder occurred. After receiving written complaint O.C Bagmundih Police Station started CaseNo.08/2005 dated 20.02.2005 under Section 302 of the Indian Penal Code against accused Jaysen Pandey and after completion of investigation charge-sheet was submitted under Section 302 of the Indian Penal Code. Accordingly trial started and after completion of trial accused was examined under Section 313 Cr.P.C where the accused strongly denied the case of the prosecution and hearing started. Resultantly, the accused Jaysen Pandey convicted by Learned Additional District and Sessions Judge, Fast Track Court-I, Purulia. Hence the present appeal. Submissions of the learned Advocates
(3.) Mr. Basu learned amicus curie appointed by this Hon'ble Court submitted that there are 18 witnesses adduced by the prosecution in order to prove its case. P.W.1 Haradhan Kuiri the son of the deceased Narayan Kuiri who lodged the F.I.R, is a post occurrence witness, stated in his deposition that on 20th February, 2005, Sunday at about 8:30 a.m. while he was working in his vegetable 'Bari' then Bhadra Singh Babu came and informed him that his father Narayan Kuiri has been murdered by Jaysen Pandey by Tangi. After gathering such information P.W.1 rushed to the Sasha More and found that his father was lying dead near the door of Jaysen Pandey and he identified the accused person on dock. P.W.1 further deposed that he subsequently went to Suisa Outpost and lodged complaint in writing. That complaint was scribed by one Uma Charan Kuiri as per his instruction and direction and was also read over and explained before him and he put his signature. He also identified the written complaint scribed by Uma Charan Kuiry. He also identified his signature in the written complaint and the written complaint was marked as Exbt.1/2. He also identified the signature of the scribe namely Uma Charan Kuiri on the written complaint marked as Exbt.1/1. He also identified the carbon copy of the inquest report. (Exbt.2/1) . He stated that after inquest was made the deadbody was sent for post mortem examination. The blood stained wearing apparels of his father, his father's Atlas Cycle, blood stained earth and controlled earth was also seized by the police at the place of occurrence for preparing seizure list. He also identified the seizure list. Seized blood-stained wearing apparels of the deceased were marked as Mat. Exbt. I collectively. Seized blood-stained earth and controlled earth was marked as Mat. Exbt.II. He also stated that when he rushed to the place of occurrence then he found that Naren Pramanik, Uma Charan Kuiry, Subarna Kumar, Manjura Pramanik , Premananda Singh Babu , Chamu Kuiryand Naren Kuiry were there. ;