- (1.) This appeal is directed against a judgment dated 29 th November, 2005 passed by the learned Additional Sessions Judge, 3 rd Court, Alipore, South 24 Parganas, in Sessions Case No. 40(11)2000 connected with Sessions Trial No. 3(7)2001 arising out of Metiaburuz P.S. Case No. 73 of 2000 dated 29 th May, 2000 by which the learned Trial Court held the appellant guilty of an offence punishable under Section 302 of the Indian Penal Code and acquitted the co-accused Kalpana of the charge under Section 302 read with Section 114 of the Indian Penal Code. By an order dated 30 th November 2005 the sole convict was sentenced to rigorous imprisonment for life as also to pay a fine of Rs. 2,000/- in default he was sentenced to undergo further rigorous imprisonment for a year.
(2.) The facts and circumstances of the case briefly stated are as follows: - Kalpana, aged about 30/35 years, wife of the de facto complainant Chandbaran Bhattacharjee was a neighbour of the convict/appellant. She earned the reputation of an amorous woman. She had also developed intimacy with the appellant. She, prior to the incident, had left her house and sojourned in the house of the appellant and was restored to her matrimonial house by her husband Chandbaran Bhattacharjee with the active assistance of Kashinath a youth aged about 30/32 years. The said Kashinath was an employee of Garden Reach Ship Builders and Engineers Ltd., Government of Indian Undertaking. On 29 th May 2000 the said Kashinath was gossiping with chandbaran Bhattacharjee in front of the Fatehpore Harisabha. All on a sudden the appellant broke in upon them and dealt blows with a Katari upon Kashinath. Chandbaran Bhattacharjee was also chased and he took shelter in the house of Harendra (P.W.6). The assault was fatal. Kashinath died on the way to the hospital. P.w.8 informed the police over telephone and the same was received by the P.w.5. The police thereafter arrived at the P.O.; recorded the statement of the de facto complainant Chandbaran Bhattacharjee and that is how the aforesaid Metiaburuz P.s. Case No. 73 of 2000 dated 29 th May, 2000 was started. On 18 th July, 2000 the appellant was apprehended by the police and based on a statement made by him, marked ext.24 the offending weapon was recovered from inside a pond in the presence of the witnesses. He was also presented before the learned Magistrate after he expressed his willingness to confess his guilt. He as a matter of fact was produced in Court on 25 th July, 2000. From the order sheet it appears that he told the learned Magistrate that he had committed crime and wanted to confess. He was however administered caution and given time for further reflection over the matter and was directed to be kept in seclusion. On the returnable date he refused to make any confession and added that whatever he had told on 25 th July, 2000 was on the basis of instigation by the Police. Both the appellant and the said Kalpana were charged, Kalpana was acquitted and the appellant was convicted as indicated above.
(3.) 18 witnesses were examined. P.W.1 is the de facto complainant and also an eyewitness. Other eyewitnesses are P.W.6, P.W.8, P.W.15 and P.W.16. P.W.15 however turned hostile. Recovery of the offending weapon was made in presence of the P.Ws.8 and16. P.W.5 received the initial telephone call intimating the incident and also recorded the statement of the de facto complainant. P.w.7 prepared the inquest report. P.W.4 is a Police Officer who started the case. P.w.18 is the I.O. P.W.11 Dr. Bhattacharjee declared the victim brought dead at the hospital. P.W.17 also known as Dr. Bhattacharjee is the autopsy surgeon. P.W.9 is the mother of the deceased. She is a pre-incident eyewitness. P.W.3 is the Judicial Magistrate. P.W.12, P.W.13 and P.W.14 are the official witnesses. P.W.2 was merely tendered. During crossexamination he deposed that Fatapur 2 nd Lane was a very crowded area.;