Samapti Chatterjee, J. - (1.) THE appellant preferred the instant appeal assailing the Judgment and Order of conviction passed in Sessions Trial No. 1(12)2000 by the Learned Sessions Judge, Bench -V, City Sessions Court, Calcutta on 30th June, 2003 convicting the appellant/petitioner under Section 302 of the Indian Penal Code. He is sentenced to suffer rigorous imprisonment for life and pay a fine of Rs. 5000/ - and in default to suffer rigorous imprisonment for six months.
(2.) THE case made out by the prosecution may be summed up thus. On 16th April, 1999 at about 1:10 hours one Md. Yakub Chowdhury son of late Azizuddin Chowdhury of 1, Aga Mehedi Street, Calcutta -16 reported to the Police Station that his elder sister's husband, namely, Md. Masoom son of late Md. Yakub resident of 1, Sereng Lane, Calcutta -14 had been removed to N.R.S. Hospital with severe head injuries and subsequently expired. On receipt of such information, police from Taltolla Police Station rushed to the 2D, Taltolla Bazar Street being pointed out by the informant. At that place the police found pool of blood in front of the main door of the said premises. Thereafter placing guard at the place of occurrence Sub Inspector D. Kumbhakar went to N.R.S. Hospital where he found the dead body of Md. Masoom lying on the trolley at Emergency Room with severe injuries on his person. The Medical Officer of N.R.S. Hospital, Emergency on being questioned, reported to him that the Md. Masoom was declared brought dead. So he collected. The medical certificate of the victim vide P.C. Sl. No. 838 indicating that he was brought dead. Thereafter he had been to the residence of Md. Masoom and contracted Noor Jahan Begum wife of the deceased Masoom of 1, Sereng Lane, 3rd Floor, Calcutta -14 and recorded the statement of Noor Jahan Begum treating the same as F.I.R. and thereafter Taltolla P.S. Case No. 167 dated 16.04.1999 under Section 302/34 of the Indian Penal Code was registered and police started investigation on the direction of the O.C., Taltolla P.S. After completion of the investigation S.I. D. Kumbhakar submitted charge -sheet against the accused Edward Coster @ Edu under Section 302/34 of the Indian Penal Code and accordingly charge was framed against the appellant/petitioner under Section 302 of the Indian Penal Code and trial started and at the trial the accused found guilty and convicted as aforesaid. In course of trial, the prosecution examined as many as 11 witnesses. P.W. 1 Jagannath Saha is a Plan maker attached to Detective Department, Calcutta Police. He prepared the sketch map of Taltolla Bazar Street and Sarang Lane. (a) P.W. 2 Tabasum Naaz is the daughter of the deceased Md. Masoom. (b) P.W. 3 Md. Yakub Chowdhury is the brother -in -law of the deceased Md. Masoom. (c) P.W. 4 Noor Jahan Begum is the wife of the deceased Md. Masoom and the defacto complainant of the case. (d) P.W. 5 Md. Abbas is a resident of 30/5, Alimuddin Street and declared as a hostile witness by the prosecution. (e) P.W. 6 Dr. Prasanta Sinha is a Medical Officer attached to N.R.S. Hospital in Emergency Unit. He examined Md. Masoom on 15.04.1999 at 12:40 a.m. and declared that the patient was brought dead. (f) P.W. 7 Arun Kumar Paul, S.I. of police held the inquest over the deadbody of deceased Md. Masoom. (g) P.W. 8 Molla Safiul Alam is a Police Constable. He took photo graphs of the place of occurrence and the deadbody of Md. Masoom. (h) P.W. 9 Dr. Suddhodan Batabyal is a Associate Professor in the Department of Forensic & State Medicine at Nilratan Sarkar Medical College and Hospital. He held the Post Mortem Examination over the deadbody of deceased Md. Masoom on 16.04.1999. (i) P.W. 10 Biswa Nath Konar is S.D.J.M., Mathabhanga. On 23.09.1999 he held T.I. Parade of the suspect Edward Costar @ Edu at Alipore Central Jail. (j) P.W. 11 Dhirendranath Kumbhakar is S.I. of Police. He is the Investigating Officer of the case who investigated the case and after investigation submitted charge sheet against the accused person.
(3.) THE prosecution case is based on the evidence of P.W. 2 being the alleged sole eye witness to prove that the accused committed murder of the deceased.;