- (1.) The instant Criminal Appeal is directed against the judgment and order of conviction passed in Sessions Trial No.6 (1) of 2003 arising out of Sessions Case No. 7 (5) of 2002 by the Learned Additional Sessions Judge, 2nd Court, Bankura on 20.09.2003 holding the appellant guilty of the offence u/s 302 Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs.1,000/- in default one month's S.I. more.
(2.) Sans unnecessary details the prosecution case may be reproduced in the following words:- "On 24.10.1999 at about 17.55 hours, the de facto complainant Paresh Karmakar lodged a written complaint before the O.C., Bishnupur P.S. to the effect that on 24.10.1999 at about 4 PM he came to know that his Bhagnipati Shaktipada Karmakar had been murdered at Kaity Para. Hearing that he along with his brother Ganesh and neighbours went to Kaity para and came to learn that his Bhagnipati was murdered in the house of Trilochan Kaity. They then visited the house of Trilochan Kaity and found the dead body of Shaktipada Karmakar was lying in the courtyard. The head of the deceased was totally crushed and the brain matter was exposed. He further found a blood stained wooden 'Mugur' was lying in front of the dead body. On making query Pratima Kaity, wife of Trilochan Kaity disclosed that Tribhanga and Janardhan, sons of her 'Vasur' engaged Rabi Karanga and the deceased Shaktipada Karmakar for thatching their kitchen and accordingly they were working from 23.10.1999. On 24.10.1999 at about 3.30 PM Anadi @ Bhombal, son of Trilochan hit Shaktipada on his head with the help of a wooden 'Mugur'. Shaktipada cried out when other sons of Trilochan came out but seeing Anadi armed with 'Mugur' they could not approach and called others. Shaktipada died on the spot.
(3.) On the basis of such complaint Bishnupur P.S. case No.137 of 1999 dated 24.10.1999 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 Sessions Judge, 2nd Court, Bankura who framed charge u/s 302 of the IPC against the present appellant and after conclusion of the trial he held the appellant guilty and convicted him as aforesaid.;