- (1.) This appeal has been filed from the order of conviction and sentence passed by the Additional Sessions Judge, Second Court Malda in Sessions Case No.33 of 2002 (Sessions Trial no.30 of 2003) arising out of Gazole Police Station Case no.100/1999 dated 05.07.1999 (G.R. Case no.103/1999 of the SDJM, Malda). As per the order dated 20.12.2003 the accused appellant (hereinafter referred to as the appellant) was found guilty by the Trial Court for the offence punishable under Section 302 of the Indian Penal Code (hereinafter called as the Code) and as per order dated 22.12.2003 the appellant was sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.5000/- in default to suffer rigorous imprisonment for six months.
(2.) The case of the prosecution before the Trial Court can be stated in brief thus; that the de facto complainant of this case one Chotka Soren, a resident of village Batali, P.S. Gazole reported to Gazole police station at about 21:10 hours on 05.07.1999 as to the murder of his mother (Sumi Hansda). The FIR revealed that on the date of the incident the de facto complainant and his wife went to his in-laws house and returned at about 6 p.m. only to find the dead body of his mother lying with injury on her head. He suspected that it was the act of Navin Hansda, the appellant before us, with whom there was enmity between the parties. It was the suspicion of the de facto complainant that the appellant had killed the victim by a sharp cutting weapon. On receipt of the FIR, Gazole P.S Case no.100/1999 dated 05.07.1999 under Section 302 of the IPC was started. The matter was investigated by the police. During the course of investigation there was inquest made on the body of the victim, some articles were seized but not the weapon of offence, sketch map was drawn, statements of the witnesses were recorded, post-mortem was conducted and PM report collected. The Investigating Officer of the case after investigation submitted charge sheet against the appellant for the offence punishable under Section 302 of the Code.
(3.) The case was committed to the court of sessions and Sessions Case no.33 of 2002 was registered and charge was framed against the appellant for the offence punishable under Section 302 of the Code to which the accused pleaded not guilty and claimed to be tried and as such the trial started. It may be noted that the appellant did not abscond from the village and he was arrested by the I.O (PW-6) on 10.07.1999 and was forwarded to the court on the next day with a prayer to record his confession statement but the accused declined. The defence did not take any specific plea but pleaded innocence.;