- (1.) The appellant preferred the instant appeal assailing the Judgment and Order of conviction passed in Sessions Trial No. 9(8)1999 and Sessions Case No. 4(3)1997 by the learned Additional Sessions Judge, 3rd Court, Bankura on 26th day of February, 2004 and 27th day of February, 2004 convicting the appellant/petitioner under Section 302 of the Indian Penal Code. He is sentenced to suffer Rigorous Imprisonment for life and to pay fine of Rs.2000/- (two thousand) in default to suffer Rigorous Imprisonment for two years.
(2.) The case made out by the prosecution may be summed up thus; On 10.06.1993 at 8 P.M. the deceased Sourindra Majhi while returning on his motor cycle from Malian and 1/4 k.m. from Dekke Coche More he was attacked by the miscreant and on hearing shouts some people of Dekke Coche village came there and found Sourindra Majhi in dead condition and his motor cycle was by his side and he was murdered and on 11.06.1993. The father of the deceased lodged a complaint before the Officer-in-Charge of Khatra Police Station and on the basis of said written complaint the Officer-in-Charge of Khatra Police Station started Khatra P.S. Case No.24 of 1993 dated 11.06.1993 under Section 302 of Indian Penal Code. Investigation was started and on 12.06.1993 the accused was arrested and pursuant to the statement of the accused the offending weapon stained with blood and blood stained 'genji' was recovered from the house of the accused. The accused was examined by the Doctor and he admitted before the Doctor that he received the injury in his finger while he was cutting the throat of the deceased. Post mortem of the deceased was held and on completion of investigation the police submitted charge sheet against the accused under Section 302 of Indian Penal Code. Subsequently trial started against the accused and after completion of trial the accused was found guilty and convicted as aforesaid.
(3.) In course of trial, the prosecution examined as many as 14 witnesses. (a) P.W.1 Hargovinda Majhi is the father of the deceased and the defacto complainant of this case. (b) P.W.2 Narottam Majhi is a resident of village-Pansa under P.S.-Khatra. (c) P.W.3 Mahadeb Majhi is a resident of village-Pansa under P.S.-Khatra. (d) P.W.4 Dhirendranath Roy is a Constable of police bearing No.441 who held inquest over the dead body of deceased Sourindranath Majhi on 11.06.1993 and sent it at the Bankura Morgue for post mortem examination. He also prepared the seizure list. (e) P.W.5 Doctor Biswanath Mallick examined the accused Nayan Chandra Sardar on 12.06.1993. (f) P.W.6 Jyotsna Sardar is a resident of Sursingar, under P.S. Bandown, District-Purulia and declared hostile by the prosecution. (g) P.W.7 Swapan Kumar Mahi is the younger brother of the deceased Sourindranath Majhi. (h) P.W.8 Triloka Singh is a resident of Mouza Pialsal under P.S. Manbazar. District-Purulia and declared hostile by the prosecution. (i) P.W.9 Bhaban Hansda is a retired police constable who carried the dead body of deceased Sourindranath Majhi in the morgue for post mortem examination on 11.06.1993. (j) P.W.10 Nitya Nanda Bag is a resident of Mouza Bansa under P.S.-Khatra, District-Bankura. (k) P.W.11 Parimal Kumar Das is a retired S.I of Police who collected F.S.L Report (Exbt.10) in connection with the present case and after completion of investigation submitted charge-sheet against accused Nayan Sardar under Section 302 of the Indian Penal Code. (l) P.W.12 Biswanath Majhi is a resident at Bansha under P.S.- Khatra. (m) P.W.13 Dr. J.N. De held the post mortem examination of the dead body of deceased Sourindranath Majhi on 11.06.1993. (n) P.W.14 Parimal Das is a retired S.I of police further investagated the case and submitted charge-sheet. (o) P.W.15 Anil Baran Mukherjee is a retired S.I of police and the Investigating Officer of this case.;