- (1.) In the instant appeal the appellant has challenged the judgment of conviction and order of sentence dated 17.01.2002/18.01.2002 passed by the Learned Additional District & Sessions Judge, 2nd Court, Balurghat, Dakshin Dinajpur in S.T.Case No.27 of 2001 (S.C. No.127 of 2001) convicting him under Section 302 of the Indian Penal Code and sentencing him to undergo imprisonment for life and to pay a fine of Rs.500/-, in default to undergo rigorous imprisonment for one month for the offence Under Section 302 IPC.
(2.) Put in a short frame, the prosecution case runs as under:- On 18.06.1994 in the noon hours, the de-facto complainant Shyamal Das of Harirampur came to learn from the people of the locality that a dead body of a person was lying in Choto Jagua Pukur in throat slit condition. He then went to that pond and saw that a young man aged about 25/26 years was lying dead inside the water of the pond in throat slit condition. It appeared to him that the incident took place in the preceding night. He, accordingly, lodged a written complaint before the Officer-in- Charge, Harirampur Police Station on the basis of which Harirampore P.S. Case No. 45 of 1994 dated 18.06.1994 u/s 302/201 I.P.C. was registered. That case was investigated into and on completion of investigation; charge sheet was submitted u/s 302/201/392 IPC against the present appellant and other two absconding accused against whom the case was filed for the present. Thereafter, the case was placed for trial before the Ld. Addl. Sessions Judge, 2nd Court, Balurghat, Dakshin Dinajpur who framed charge u/s 302 IPC against the present appellant and after conclusion of the trial, she held the appellant guilty and convicted him as aforesaid.
(3.) Prosecution examined in all 13 witnesses in its support. Out of those witnesses, Prosecution Witness No.1, Shyamal Das is the defacto complainant, P.W.2 Mahiruddin Sarkar and P.W.8 Sayed Waresh Ali are the witnesses to the inquest, P.W.3 Mahatab Uddin Sarkar, P.W.5 Mokbul Hossain and P.W.9 Mortuja Rahaman Chowdhury are the seizure witnesses, P.W.4 Ferdousi Bewa is the wife of the deceased Mokshed Ali, P.W.6 Ainuddin is the brotherin- law of the deceased, P.W.7 Moyzuddin Mian is the maternaluncle of the deceased, P.W.10 Sharab Ali is a resident of East Bishnupur, P.W.11 is the police constable No.853 Bhabendranath Karmakar who carried the dead body of the deceased from the P.O. to Raiganj Hospital for post mortem examination, P.W.12 S.I. of Police Narendranath Bagchhi is the Investigating Officer of this case and P.W.13 is S.I. of Police Asit Kumar Kundu, who submitted the charge sheet.;