Sujit Barman Roy, J. - (1.) This appeal at the instance of the appellant Chandan Chatterjee alias Fulu is directed against the judgment dated 6.1.1994 passed by the learned Sessions Judge, Howrah in Sessions Trial No. 14(4)/1993 convicting the appellant under Ss. 302 and 448 I.P.C. and sentencing him to life imprisonment and to a fine of Rs. 10,000 and in default to undergo R.1. for further one year in respect of his conviction under Sec. 302 I.P.C. and also to suffer R.1. for six months in respect of his conviction under Sec. 448 I.P.C. with the direction that all the sentences would run concurrently. Prosecution case in brief is that on 27.1.1990 at or about 9.30 p.m. Ranjit Sarkar being Sub -Inspector of Police of Domjur P.S. received a telephonic information from an unknown person that some trouble was going on at "Panchananda Jewellers", situated at Dakshin Jhapardah. Immediately said information was entered in the G.D. of the said Police Station under G.D. entry No. 968 dated 27.1.90 being Ext. 7. Thereafter said P.W. 16 alongwith other police personnel left for the said "Panchananda Jewellers". On reaching the spot, PW. 16 found the shop "Panchananda Jewellers" under lock and key from inside. He could hear some noise from inside the said shop. He further noticed that Biswa Nath Dhara, his brother Raghunath Dhara, Sampad Kr. Ash and many others had already gathered there in front of the said shop. With a rod, supplied by Biswa Nath Dhara. Ranjit Sarkar and others applied pressure on the door of the said shop and forcibly broke open the door. On opening the shop P.W. 16 found that a person was tying in a pool of blood and he was groaning. Immediately with the help of Raghunath Dhara, Biswanath Dhara and some other persons who had already collected there together with police officers, said injured person being the deceased was brought out of the shop and was sent to hospital in a car for his treatment since he was till then alive. Ranjit Sarkar heard further sound, coming from inside the shop. He searched and found that another person (appellant) was laying under the bench. Said person was brought out but he stated nothing. However. P.W. 16 found that there were blood stains on his palm, leg as well as his head. Hair of that person was wet with blood. On enquiry he learnt from the persons present there that the name of the said person was Fulu alias Chandan Chatterjee (appellant). The appellant was also removed to the hospital for his treatment under police escort since P.W. 16 ' had suspicion about involvement of the appellant in the incident. Thereafter P.W. 16 recorded the statement of Biswanath Dhara at 10.45 p.m. on that very day and signature of Biswanath Dhara was obtained thereon and thereafter said statement was forwarded to the P.S. through constable Gitendranath Das for registration of an FIR. Accordingly, said statement as. recorded from Biswanath Dhara was registered at the P.S. as an FIR on that very day at about 11.15p.m. under Ss. 394/396/307 IPC
(2.) In the said FIR it was, inter alia, alleged by Biswanath Dhara that his second brother Kasinath Dhara (since deceased) had a. business of goldsmith in "Panchananda Jewellers". Radhanath Barik. aged about 13/ 14 years, was an employee of the deceased Kasinath Dhara. That evening P.W. 1 was also in the shop. However, at 8.36 p.m. on that day P.W. 1 and others left, the said shop after finishing their work. But, Gadhanath and She -deceased Kasinath were left behind ill the said jewellery shop as they' continued to do Jewellery work. After leaving the said shop P.W. 1 came to Kamala Jewellers at Dorajur Market and therefrom he returned to his house. Little after that his younger brother Raghunath and his third brother -in -law Sampad Kr. Ash returned home at 10.15 p.m. Immediately after that Radhanath came and rang the door bell and simultaneously started shouting to open the door quickly as the appellant had killed the deceased. On hearing this P.W. 1 alongwith his father, younger brother, brother -in -law and others came out of their house and learnt from Radhanath that when P.W. 1 left the said jewellery shop, appellant came there in the said shop at about 9.15 p.m. with a bag in his hand and started talking with the deceased. On being requested by the appellant, the deceased Kasinath sent out P.W. 4 for bringing tea and cigarettes. Deceased also gave P.W. 4 a note of Rs. 10/ - and asked him to bring some sweets for his home. Appellant then advised P.W. 4 to bring the sweets from Annapurna Sweetmeat Shop, instead of bringing the same from Ma Tara Sweetmeat Shop' as they were not of good quality. Soon after P.W. 4 came out of the shop in order to bring sweet, tea and cigarette, the appellant closed the shop door and locked the shop from inside. It was around 9.30 p.m. at that time. It was further stated in the said FIR that the appellant very often used to visit the deceased in the said shop and gossip with the deceased, about 8/10 minutes later when P.W. 4 was returning towards the shop with sweets, tea and cigarettes, he heard from a short distance cries "Oh Mother! Oh Father! I am being killed." Thereafter when he returned to the shop quickly and peeped through an aperture of the door which was closed under lock and key from inside, P.W. 4 could see that the deceased Kasinath received severe injury and he was profusely bleeding and he was writhing in pain on the floor of the shop and he was saying "Fulu murdered me, please call Sukumar, Tapu and all others". On hearing such crises P.W. 4 began to collect people. He also saw another person concealing himself inside the shop -room. Local people meanwhile collected there. P.W. 4 was sent by Tapu in a Rickshaw to the house of P.W. 1 for giving information. Immediately on learning the said news, P.W. 1 alongwith his younger brother, brother -in -law and many others of his locality came to the shop running. He found on reaching the shop that many people had already collected there and broke open the lock of the shop room. He saw that the deceased sustained severe injuries all over his body and was moving from here to there in severe pain. He was unable to speak. The appellant was creeping on the floor. Some injuries were also noticed on the back side of the head of the appellant Fulu. Inside the shop room he found blood stained bag, nepala (knife) etc. were lying near the deceased. He also found a big iron rod. The bag he found inside the shop belonged to the appellant. The iron -chest was open. The broken glasses of light and other articles were found lying scattered here and there. One bundle of currency notes of Rs. 50/ - denomination was tying near the iron -chest and the said bundle was also stained with blood. The deceased was immediately sent out to Howrah for treatment. In these circumstances P.W. 1 expressed apprehension in his aforesaid FIR that the appellant began to make friendship with the deceased and came to the shop with rod. bhojali and knife to snatch away money from the deceased. In order to kill the deceased, appellant assaulted the deceased with bhojali and knife and caused severe injuries.
(3.) On the basis of the aforesaid FIR and after usual investigation police submitted chargesheet against the appellant under Ss. 302/448 I.P.C. In course of time, the case was committed to the court of the learned Sessions Judge. Howrah for trial of the appellant.;