Bhattacharya, J. - (1.) The present appeal is directed against the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, 2nd Court, Jalpaiguri in Sessions Case No. 31 of 1996 (ST. No. 24 of 1996) on 03.09.1996.
(2.) Briefly stated, the Prosecution case is that the de facto complainant's elder brother Sushil Kumar Das @ Nanu, aged about 72 years, used to reside in his farmhouse at Tesimla. On receipt of an information on 11.04.1995 at about 3.00 a.m. from Chanchal Sabar, an employee of the said farmhouse, that another employee Sushil Oraon assaulted his elder brother with an axe on his head on the last night at about 9.00 p.m., the de facto complainant (P.W. 1) with his youngest nephew Subrata Das (P.W. 12) immediately rushed to the farmhouse. On their call Sushil Oraon fled away but they found the wrist watch of his elder brother on the bed of his room and after thorough search they could find the dead body of his elder brother with bleeding injuries on head on the southern end of a tank.
(3.) After completion of investigation, police submitted charge-sheet under Sections 302/201, I.P.C. against the accused Sushil Oraon and under Section 201, I.P.C. against accused Chanchal Sabar and Krishna Chettri. Hence, while accused Sushil Oraon was charged under Sections 302/201, I.P.C., other two accused persons were charged under Section 201, I.P.C.;