- (1.) This appeal is directed against a judgment dated 19 th September 2007 passed by the Additional Sessions Judge, Fast Track-2 nd Court, Jangipur, district-Murshidabad in Sessions Serial No.5 of 2005 corresponding to Sessions Trial No.2(3) of 2005 arising out of the Raghunathganj PS Case No.161 of 2004 dated 6 th September 2004 by which the learned Trial Court convicted the sole accused/appellant of an offence punishable under Sections 302/379/411 of the Indian Penal Code. By an order dated 20 th September 2007 the trial Court sentenced the convict to suffer rigorous imprisonment for life as also to pay a fine of Rs.10,000/-, in default to suffer further rigorous imprisonment for a period of two years for the offence punishable under Section 302 IPC. He was also sentenced to suffer imprisonment for a year as also to pay a fine of Rs.2000/-, in default to suffer further simple imprisonment for two months for the offence punishable under Section 379 IPC. He was yet further sentenced to simple imprisonment for a year as also to pay fine of Rs.2000/-, in default to suffer further simple imprisonment for two months for the offence punishable under Section 411 IPC. All the sentences were however directed to run concurrently.
(2.) The facts and circumstances of the case briefly stated are as follows:- Kamalesh, a classmate of the appellant, was an officer of Railways. He was in the night of 5 th /6 th September 2004 sleeping in the rest room of the Jangipur Road Station. The adjoining room was occupied by Shri Kiron Deo Pathak. At about 2.15 hrs. of 6 th September, 2004 the said Pathak woke up hearing an abnormal sound and saw an unknown person in the room of Kamalesh. The rooms occupied by Kamalesh and Pathak were accessible by a common door. Pathak being frightened cried for help. The chowkidar on duty rushed to him. In the meantime the unknown person had started chasing the said Pathak. Seeing the chowkidar the unknown person fled away jumping the fence. Thereafter both the chowkidar and the said Pathak came back to the room of Kamalesh and found him lying in a pool of blood. GRP Office was informed then and there. Police was also informed. They arrived at the place of occurrence at about 3.55 hrs. GRP had already reached the place of occurrence.
(3.) The unknown person who had escaped from the place of occurrence approached a rickshawpuller to ferry him to Umarpur. In doing so he picked up a quarrel with him and ultimately fought with him. Another rickshaw puller intervened. There was naturally a hue and cry. Others also assembled and the said unknown person was, it appears, beaten up black and blue. From his possession a bloodstained bhojali and a chaku were also recovered. He was ultimately hospitalised. From his pocket a mobile phone belonging to the deceased was recovered. Through that mobile phone the parents of the victim were informed. The father and the maternal uncle of the victim came and identified the unknown person as the classmate of the deceased Kamalesh. Police thereafter arrested him. During interrogation by the father of the deceased he disclosed that he had killed Kamalesh because the latter had misbehaved with his cousin sister. Based on his statement discoveries were made, including (a) the offending weapon, (b) personal papers of the accused and (c) four pens, from a jungle (bush) near the Jangipur Road Station. The offending weapon, wearing apparel of the accused amongst others were sent to the FSL and the same were found to contain human blood. 19 witnesses were examined. PW 1 is the said Pathak and the PW 2 is the said Chowkidar. PWs.3,6 and 13 are the railway officials. PWs.4 and 5 are the rickshawpullers who had encountered the accused on the fateful day. PW 7 is the father of the deceased. PW 8 is the maternal grand father of the deceased. PWs.9 and 10 are the witnesses to the recovery of the offending weapon and the personal belongings of the accused based on the basis of disclosure made by him. PW 11 is the Autopsy Surgeon. PW 12 is a nurse of Jangipur SD Hospital and PW 14 is the doctor who had admitted the accused in the Jangipur SD Hospital. PW 17 is the Judicial Officer who had recorded the statements of the witnesses under Section 164 of the Code of Criminal Procedure. PWs.15 and 16 are the homeguards attached to the Raghunathganj Police Station. PW 18 is the Officer-in-Charge of the Raghunathganj Police Station and PW 19 is the I.O.;