- (1.) This appeal is preferred by the appellant assailing a judgment and order of conviction dated June 28, 2007 and sentence dated June 29, 2007 passed in Sessions Trial No.32/2005 arising out of Sessions Case No.27/2005 by the learned Additional Sessions Judge, Katwa, convicting the appellant for commission of offence punishable under Section 302 of I.P.C. and sentencing him to suffer imprisonment for life and to pay fine of Rs.5000/-, in default to suffer imprisonment for two years more. The detention of the appellant during the pendency of the case till date of his conviction was directed to be set off under Section 428 of Cr.P.C.
(2.) On December 20, 2004 at about 06.00 hours, Chowdhury Ekram Ali, the deceased, was returning home from BARA MASJID after offering early morning NAMAJ availing the morum road of village Palishgram, P.S. Mongalkote, DistrictBurdwan. As soon as he had reached near the house of Sk. Farat Ali after crossing the grocery shop of Mujibar Rahaman (PW 5), the appellant attacked the aforesaid Chowdhury Ekram Ali with a sharp dagger. The appellant assaulted the victim indiscriminately on his chest and back with the above weapon. The victim collapsed on the above morum road after shouting. Co-villager Sk. Ejajul (PW 2) was also coming behind his back at a little distance. He rushed to the spot witnessing the above incident. Many other villagers including (i) Sk. More Selim (PW 6), (ii) Sk. Akali, (iii) Sk. Abdul Azim (PW 7), (iv) Sk. Abdul @ Sajal (PW 12), (v) Sk. Kalo Babu also came to the place of occurrence. They found the appellant there with a blood stained dagger. They chased the appellant near the house of Jamat Ali but the appellant managed to flee away and entered into the house of Sk. Amjed Ali. Ultimately, the aforesaid persons could apprehend the appellant inside the house of Sk. Amjed Ali with the aforesaid blood stained dagger in his hand. The appellant confessed that he had assaulted the deceased with that dagger. The people present there got excited on hearing the confession of the appellant. The appellant was kept confined inside the room of the house of above Sk. Abdul Jabbar for the purpose of saving him from the possible assault of the public.
(3.) In the meantime, Mohiruddin Chowdhury (PW 1), the nephew of the deceased, was informed of the above incident by one Kalu Sk. He rushed to the place of occurrence and found that the victim was lying on the morum road after crossing the shop of one Sk. Mujibar Rahaman near the house of Sk. Farat Ali at the western side of the house of Jamat Ali. PW 1 informed the police of the above incident in writing on the same date at 07.15 hours mentioning the name of the appellant therein as assailant. On receipt of the above complaint, Sri Alok Kumar Mitra lodged Mongalkote P.S. U.D. Case no.34/04 dated December 20, 2004 at 07.15 hours. Sri Gobinda Chandra Bag (PW 14), Sub Inspector of Police was posted in Mongalkote Police Station, District - Budwan at the material point of time. He was entrusted with the responsibility of investigating into the matter. He reached the place of occurrence at 07.20 hours on December 20, 2004. On the way from police station to the place of occurrence he informed one photographer to collect photographs as also one draftsman to draw a rough sketch map of the place of occurrence. Photograph of the dead body was taken at the place of occurrence within the period from 07.30 hours to 10.40 hours. Thereafter, the inquest report of dead body of the victim was prepared in Mongalkote Police Station. Thereafter, the above dead body was sent to S.D. Hospital, Katwa at 11.45 hours on the above date for post mortem examination. It will not be out of context to mention that the above inquest report dated December 20, 2004 (Exbt.-1/2) as also the post mortem examination was conducted with reference to the aforesaid Mongalkote P.S. U.D. Case No.34/04 dated December 20, 2004. The post mortem report (Exbt.-9/a) was also prepared on the same date.;