NISHITA MHATRE, J. - (1.) THE Appellant has filed the present Appeal against the judgment and order of the Additional District and Sessions Judge, Fast Track Court No.4, Raghunathpur, Purulia in Sessions Trial No.4 (6) 06. By the impugned judgment dated 11th June, 2008, the Appellant has been convicted under section 302 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.10,000/ - and in default of payment of the fine, to suffer rigorous imprisonment for a further period of six months.
(2.) THE brief case of the prosecution is that one Raju Karmakar was decorating the club room for the Saraswati Puja on 12th February, 2005 when at about 8.30 p.m. he suddenly heard a hue and cry outside. He rushed out of the club room and he saw the Appellant quarrelling with one Dhiren Karmakar. Samir Karmakar, was repeatedly exhorting his father, the appellant, not to assault Dhiren. Raju Karmakar saw the Appellant with a knife in his hand. He tried to stop the Appellant from using the knife when he was struck with the knife on the finger of his right hand. Raju stepped back in fear. The Appellant then stabbed Dhiren Karmakar, Raju 's uncle on his belly with the knife. The Appellant then fled away into the darkness with the knife in his hand. Raju then bandaged his uncle 's wound and took him to Talajuri P.H.C. in a rickshaw van. There were 10 to 12 other persons with him at that point of time. Since Dhiren Karmakar 's condition was serious, they were advised by the Doctor at the Talajuri P.H.C to shift him to Bankura Medical College Hospital without any delay. They therefore, hired an ambassador car and drove down to Bankura Medical College with Dhiren Karmakar. Besides Raju, his uncle, Biren Karmakar, accompanied the victim in the car. The victim was admitted to the Hospital. However, he succumbed to the injury on 12th February, 2005. Raju lodged the complaint and the F.I.R. was registered on 13th February, 2005 at 9.25 a.m. The Appellant was arrested and committed to the Sessions Court for trial. The charge sheet was filed against him alleging that he was liable to be punished for murdering Dhiren Karmakar under section 302 of the Indian Penal Code on 9th of June, 2006. The Prosecution has attempted to prove its case against the Appellant by examining 21 witnesses. Out of these witnesses, P.Ws. 1, 2, 4, 5 and 7 are eye witnesses. P.Ws. 8, 9, 11, 13 and 14 claim that the victim told them that the Appellant had assaulted him immediately prior to his death. The other witnesses are Doctors and the Police personnel, who were involved in the investigation of this case. The P.W.1, Raju Karmakar, who is the complainant, has reiterated what he has stated in his complaint. He had seen the Appellant stabbing Dhiren Karmakar in the stomach and twisting the knife after stabbing him. He has stated that he was struck on the palm of his right hand by the Appellant with the same knife before the victim was stabbed. He has spoken about the presence of Samir Karmakar at the place of the incident besides Sasti Mondal, P.W.4. He has mentioned the manner in which he bandaged the victim 's wound, took him to the PHC and later admitted him to the Bankura Medical Hospital on the medical advice of the doctor at the PHC. The witness has stated that he was accompanied by 10 to 12 other persons including his uncle Biren. P.W.2, Sanjoy Gorai, has stated that he saw Dhiren Karmakar chatting with one Tarun Deoghoria, P.W.5. He has spoken about the Appellant arriving at the scene of offence and trying to attract Dhiren Karmakar 's attention. As Dhiren Karmakar did not pay heed to him, it led to a sharp exchange of words between Dhiren Karmakar and the Appellant. The Appellant then stabbed Dhiren Karmakar in the stomach. Dhiren Karmakar cried out to P.W.2, Sanjoy Gorai, that he was being assaulted with a knife by the Appellant. The witness has mentioned that P.W.1, Raju Karmakar, then came to the scene of offence. He has stated that Dhiren Karmakar was then taken to the Hospital where he died. In his cross -examination he has denied seeing anybody trying to restrain the Appellant at any point of time. This statement is contrary to the deposition of P.W.1, Raju Karmakar, where he states that he had attempted to stop the Appellant from hurting anybody with the knife.
(3.) P .W.4, Sasti Mondal, has repeated the version of P.W.2, Sanjoy Gorai, He has stated that he saw Dhiren Karmakar sitting with Tarun Deogharia, P.W.5 under a banyan tree near the Harimandir. P.W.4, Sasti Mondal, saw Sanjoy Gorai, P.W.2, joining Dhiren Karmakar and Tarun Deogharia a little later. While the three of them were chatting, the Appellant came there and started clapping in front of Dhiren 's face in order to draw his attention. This witness claims that the Appellant then clutched Dhiren Karmakar at the throat, and stabbed him in the stomach with a knife which was hidden under his shirt. He has also stated that after the attack, those who were working in the Pandal (Puja Mandap), rushed there and tried to grab the knife from the Appellant; in the process, P.W.1, Raju Karmakar, sustained an injury on his finger. According to this witness, the Appellant fled away from the scene. Thereafter Dhiren Karmakar was taken to the Talajuri P.H.C. and later removed to the Bankura Medical College Hospital. This witness claims that he heard that Dhiren Karmakar died on that very night. The witness has stated that there was no light on the banyan tree and that he was not able to see Samir Karmakar, the Appellant 's son, when he went close to the victim. He also denied having heard any sharp exchange taking place between the Appellant and the victim. P.W.5, Tarun Deoghoria, is another eye -witness. In his deposition, he has spoken about the presence of P.W.2, Sanjoy Gorai, P.W.4, Sasti Mondal and P.W.7, Tapan Karmakar, at the scene of offence. He has mentioned that the Appellant tried to provoke the victim by clapping in front of latter 's face. He has mentioned the heated exchange between the victim and the Appellant and then the fact that the Appellant caught Dhiren Karmakar by the throat with his right hand and stabbed him in the stomach with the knife. He stated that he heard Dhiren Karmakar crying out that the Appellant had assaulted him with a knife. He has spoken about P.W.1, Raju Karmakar, coming out of the Puja Mandap on hearing the hue and cry and taking his uncle for treatment, first to the Talajuri P.H.C. and then the Bankura Medical College Hospital. He has stated that he heard Samir Karmakar, the Appellant 's son, trying to exhort the Appellant not to kill Dhiren Karmakar.;