- (1.) This appeal is directed against the judgment and order of conviction dt. 11.07.1997 passed by the learned Additional Sessions Judge, 1st Court, Howrah in Sessions Trial Case No. 11 (July) 1993 wherein the learned court below sentenced the accused to suffer Rigorous Imprisonment for life for the offence under section 302 I.P.C. and also to pay fine of Rs. 5,000/- I. d. to suffer Rigorous Imprisonment for another two years. The prosecution case in short is that on 01.02.92 one Krishna Kumar Dutta submitted a written complaint to the O.C. Jagat Ballavpur P.S. to the effect that on that day at about 10.30 a.m. when he was proceeding towards Munshirhat through the village pathway at that time he found near the culvert that his sister Dipa Dutta along with Gopa Mitra were proceeding to their house. When he reached near the Kohinoor Football Ground at that time accused Ashok Bose assaulted Gopa Mitra on different parts of her body by a knife in order to kill her. Due to this, Gopa sustained severe bleeding injuries. Local people thereafter took Gopa to Gabberia Hospital. On the basis of the written complaint Jagat Ballavpur P.S. Case No. 13/92 dt. 01.02.92 was started against the accused under sections 326/307 I.P.C. Subsequently as Gopa succumbed to her injuries, section 302 I.P.C. was added. The case was investigated. Immediately on receipt of the complaint, Police rushed to the sport and found that the accused was apprehended by the villagers. On reaching the P.O. police arrested the accused, seized the knife in question and other articles from the spot. In all 20 witnesses have been examined during investigation. After completion of the investigation charge sheet under Section 302 I.P.C. was submitted against the accused. Same was read over and explained to him and he pleaded not guilty to the charge and claimed to be tried. Accused has not adduced any evidence. Defence case, as it could be ascertained from the statements made by him under section 313 Cr.P.C. as well as from the trend of the cross-examination, is that of denial. The accused has claimed that he has been falsely implicated in this case. He has taken a specific plea in his examination under section 313 Cr.P.C. that he was apprehended by some of the villagers unnecessarily while he was going to report to his place of duty by his cycle and thereafter he was taken to Kohinoor Club where he was assaulted severely by the villagers. The accused has denied that he assaulted Gopa with the knife, as claimed by the prosecution. In order to prove the charge against the accused, the prosecution, as we have already mentioned, have examined 20 witnesses. We have already pointed out that the allegation against the accused is that he intentionally caused the murder of the deceased Gopa Mitra. So the prosecution is bound to prove the said allegation beyond any reasonable shadow of doubt against the accused. Let us now see how far the prosecution has been able to discharge the onus. We have already mentioned that prosecution has examined in all 20 witnesses. Let us now see who are those witnesses and what they have stated in their evidence so far as the present case is concerned.
(2.) PW-1 is Krishna Kumar Dutta. He is the elder brother of Kumari Dipa Dutta who was at the material time, accompanied the deceased Gopa Mitra. The PW-1 is the de facto complainant of the case and on the basis of his written complaint the present case was started. He has stated in his evidence that on 01.02.1992 at about 10.30 a.m. he was going to Munshirhat Bazar through the village road and at that time he found the accused Ashok was sitting over the culvert with a by-cycle near him. According to him when he crossed Dipa and Gopa, immediately thereafter he heard cries of his sister and found that the accused was assaulting Gopa with a knife. According to this witness as a hue and cry was raised accused Ashok started running away from the spot. But PW-8 Niyamat Ali and PW-9 Sk. Sirajul apprehended him. According to this witness, he found the warper of the accused and the slipper of Gopa were lying in the place of occurrence. He has claimed that he had noticed blood in the hand of the accused and there was also an injury on his hand. He has further stated that Ashok was taken to the Kohinoor Club and Gopa, the injured was sent to Gabberia Hospital by a private car. This witness as we have already pointed out, submitted the written complaint to the P.S. He has further stated that subsequently police came to the place of occurrence and seized the by-cycle, the knife, the wrapper etc. from there under a seizure list. During this examination in the Court below this witness identified the knife, wrapper and other articles. According to this witness Chitra Mitra the elder sister of Gopa also came to the place of occurrence after hearing the hue and cry. This witness was extensively cross-examined by the defence. It appears from the evidence of this witness that although he gave a detail description of the incident during his evidence, still in the F.I.R. no such detail description was there. Suggestion has been given by the defence that he was not present in the place of occurrence at the time of the incident and he came there, after the incident.
(3.) PW-2 is Pravat Kumar Ghosh. He is the husband of Chitra Ghosh, the elder sister of the deceased. He has stated in his evidence that he came to the place of occurrence after the incident. He was present when the Police Officer seized the articles. According to him he found that the accused Ashok was detained in the Kohinoor Club by the villagers.;