- (1.) The instant Criminal Appeal is directed against the judgment and order of conviction passed in Sessions Trial bearing No. 2(12. 02 arising out of Sessions Case No. 62 of 2000 passed by the Ld. Additional District and Sessions Judge, Raghunathpur, Purulia on 23.05.2003 holding the appellant guilty of the offence U/S 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life.
(2.) Sans unnecessary details the prosecution case may be reproduced in the following words: - On 28.08.1994 at about 3 P.M. the de facto complainant Md. Idrish Ansari, son of Md. Ismail Ansari had been to Raghunathpur P.S. and lodged oral complaint to the effect that his grandfather Md.Mukshed Ali Ansari was a Muslim Fakir and known as Pirbaba. He used to treat so many patients. On 28.08.1994 at about 1.15/1.30 P.M. the present appellant Abdul Mannan of Panchudanga Churimahalla who used to attend the said Pirbaba for his treatment for last 7/8 years came to the house of the Pirbaba and entered into his room. The de facto complainant was milking cow in cowshed at that time. While he was washing his hands and feet in a nearby pond, he heard his mother Rasitan Bibi crying out "come sharp, whoever and wherever you are, Abdul Mannan has killed father and is fleeing away". He then rushed there at first and saw the appellant was fleeing away with his bicycle which was kept standing against the wall of the room. His mother told him that the appellant entered into his father's house at about 1.30 P.M. while his father cried out and his mother saw the appellant striking Pirbaba with a sharp chopper used for slashing meat and when she tried to resist the appellant, he dashed her and fled away with the blood stained weapon in his hand and keeping it inside the bag kept in the bicycle. The mother of the de facto complainant further also stated "let all together catch him, Abdul Mannan murdered Pirbaba". Then the de facto complainant also raised alarm and being attracted by such alarm, the villagers rushed there and came to know about the incident. Then they chased the appellant by riding on bicycle caught hold of the appellant near Adra G.R.P.S. The appellant with folded hands confessed before them that he had killed Pirbaba and pleaded mercy. They also saw the blood stained chopper inside the bag carried by the appellant.
(3.) On the basis of such complaint, Raghunathpur P.S. Case No.74/94 dated 28.08.1994 U/S 302 IPC was registered. That case was investigated into and on completion of investigation; charge sheet was submitted U/S 302 IPC against the present appellant. Thereafter, the case was placed for trial before the Ld. Additional District & Sessions Judge, Raghunathpur, Purulia, who framed charge u/s 302 of the Indian Penal Code against the present appellant and after conclusion of the trial, he held the appellant guilty and convicted him as aforesaid. Prosecution examined in all 13 witnesses in its support. Out of those witnesses, P.W.1 Md. Idrish Ansari is the de facto complainant and grand -son of the deceased; P.W.2 Piyar Ali Ansari; P.W.3 Kalam Ansari and P.W.4 Ibrahim Ansari are the seizure witnesses; P.W.5 Sibanlal Majhi and P.W.7 Jabbar Ansari are the witnesses to inquest; P.W.6 Ganesh Chandra Bauri and P.W.10 Ramjan Ansari are hearsay witnesses; P.W.8 is Dr. Ajoy Kumar Pakrashi who held post mortem ; P.W.9 Mansur Ansari is a post occurrence witness; P.W.11 is S.I. of police, Sri Probodh Singha Roy who only submitted charge sheet after perusal of the C.D. and taking opinion of his superior; P.W.12 Rasitan Bibi is the eye witness and P.W.13 Sukanta Banerjee is another S.I. of police who is the investigating Officer of the case.;