- (1.) This appeal is directed against the judgment of conviction and sentence passed by learned Additional Sessions Judge, 8th Court, Alipore in Sessions Trial No. 1 (6) of 1989 sentencing the appellant to suffer imprisonment for life under Section 302 I.P.C.
(2.) The case of the prosecution, in short, is that Kamal Krishna Mukherjee lodged complaint with the O.C., Chitpur P.S. alleging that he was residing at 65 Khelat Babu Lane as a tenant under Krishna Chandra. The informant used to reside there with his family consisting of his wife, two daughters, namely, Moumita Mukherjee and Paromita Mukherjee respectively. The elder daughter was approximately 10 years of age and a student of Class III. Elder daughter Moumita alias Dolai regularly used to go to the roof of the house for drying of clothing. Krishna Chandra, the landlord did not permit the informant to use the roof. Being helpless the informant began to use the roof of 4/Y/I Khelat Babu Lane which was just opposite to their house. In this way intimacy grew up between the family members of the informant and those of that family. The informant used to act as a private tutor of Indrajit Sen alias Tintu, the elder son of the family residing at 4/Y/I Khelat Babu Lane. Tintu used to go regularly to the house of the informant. Tintu passed B.Com. Examination from Jaipuria College in November 1987. On the date of incident, that is, on 3.12.1987 at about 5.15 p.m. the informant received information from his friend s sisterin- law that his elder daughter Moumita alias Dolai fell down in the staircase. After coming back home at about 7.10 p.m. he came to learn that Moumita had been admitted to the R.G. Kar Hospital for treatment. The informant came to learn that Moumita went to the roof of the premises no. 4/Y/I for bringing the clothing.
(3.) The informant came to the hospital and learnt that Moumita had already expired. Thereafter, he returned home accompanying his wife Chandana Mukherjee. The informant went to the house at 4/Y/I Khelat Babu Lane and enquired as to how the incident took place. He went to the staircase and found blood spot there. He noticed that major portion of the staircase had already been washed with water. On further enquiry he came to learn that his daughter Moumita went to the roof of the said premises at 4/Y/I for bringing the dried up clothing and at that time Indrajit followed her and getting her alone there attempted to embrace her. In that position Moumita attempted to get down through the staircase and at that moment Indrajit allegedly pushed her from behind. Moumita rolled down the staircase and sustained injury on her head with profuse bleeding. Thereafter she was taken to the hospital where she succumbed to the injuries. After receipt of the complaint, Chitpur P.S. Case No. 417 dated 3.12.1987 was started. After completion of investigation charge sheet was submitted. The learned Trial Judge framed charge under Section 302 of the Indian Penal Code against the accused person who pleaded not guilty to the charge and claimed to be tried.;