Samapti Chatterjee, J. - (1.) THE instant appeal is directed against the Judgment and Order of conviction passed in Sessions Trial No. 164 of 2003 by the learned Additional Sessions Judge, 1st Court, Howrah on 11th December, 2003 and 12th December, 2003 convicting the appellant/petitioner under Section 302 of the Indian Penal Code. He is also sentenced to suffer Rigorous Imprisonment for life and pay a fine of Rs. 10,000/ - (rupees ten thousand) and in default to suffer Rigorous Imprisonment for two years. Put in a short frame, the prosecution case is as follows: - -
(2.) ON 30th day of January, 2003 around 5:20 p.m. accused Mohan Mondal assaulted school teacher Pradip Santra on pucca road at Khalia bazar with a wooden stick resulting serious injuries and that when witnesses of this case raised alarm Mohan fled away with said lathi and that injured Pradip was admitted at Uluberia Hospital wherein he succumbed to his injuries. On receipt of a written complaint to that effect from one Asim Kumar Mondal, Shyampur P.S. Case No. 8 of 2003 dated 30.01.2003 was started. During investigation police recovered the weapon of assault as per statement of arrested accused Mohan Mondal and after completion of investigation police submitted charge -sheet under Section 302 of the Indian Penal Code. After commitment of the case to the Court of learned Sessions Judge, Howrah and after transfer of the case for disposal charge under Section 302 of the Indian Penal Code was accordingly framed against accused Mohan Mondal who pleaded not guilty. Accordingly trial started and after completion of trial learned Additional Sessions Judge held the appellant guilty and convicted him as aforesaid. In order to prove the case, the prosecution examined as many as 25 witnesses in this regard.
(3.) OUT of total 25 witnesses witness No. 1, 6, 11 and 14 claimed to be eye -witnesses. P.W. 2 was declared hostile by the prosecution. P.W. 1 in his evidence stated that on 30th January, 2003 he was with Ranjit Mondal, Noor Ali Molla, Mana Das by the side of a electric goomty. Buddhiman Pathak and Kamal Pramanik were also present there. He further deposed that they found Mohan Mondal was loitering on the road with wooden 'lathi'. When Pradip Santra (deceased) the headmaster of Kuliya Amir Ali High School was returning home through that road Mohan Mondal assaulted him with 'lathi' from behind on his head several times and the deceased fell down facing on earth. Then P.W. 1 raised hue and cry immediately and many persons assembled there and Mohan Mondal fled away with 'lathi'. In his cross -examination the P.W. 1 stated that Mohan has some family dispute with his wife and he was in a mental disturbance. As village 'Salish' failed to resolve their dispute they were advised to go to court. The P.W. 1 further stated that he could not apprehend Mohan as he fled away. P.W. 2 was declared hostile by the prosecution. P.W. 3 is a hearsay witness. He stated in his evidence that on 30th January, 2003 at about 5 to 5.50 p.m. he was playing cards by the side of Bhumili's tea shop. One Sristhidhar Auth informed them that Mohan Mondal murdered Pradip Santra. After hearing that he rushed to the scene of occurrence and found that Pradip Babu (deceased) was lying on road facing on the earth in pool of blood and that Mohan Mondal was fleeing away with a wooden stick in his hand. P.W. 4 was a post occurrence witness, brother of the deceased in his cross -examination stated that he was not examined by the police. P.W. 5 was a teacher resident of that locale where the deceased stayed. In his evidence he stated that on 30th January, 2003 around 5:30 p.m. he learnt from his brother Biswanath Santra that Mohan Mondal murdered Pradip Santra with a 'lathi'. After learning that he came to the place of occurrence and found that the deceased was already taken to the hospital. Then he went to the hospital on that day where Pradip babu (deceased) died. He also stated in his cross -examination that they usually hold 'Salish' in village to solve the dispute of villagers. He stated to the Investigating Officer that he along with deceased and others held 'Salish' to solve the dispute between Mohan and his wife. As Mohan's wife and his in -laws openly complained to them that their daughter (Mohan's wife) was regularly tortured by Mohan (accused).;