Sankar Prasad Mitra, J. - (1.) This appeal is directed against the judgment dated 20th April, 2002 passed by the learned Sessions Judge, 4th Court, Midnapore, in Sessions Trial Case No. XLVII of September, 2001, arising out of G. R. Case No. 141 of 2000, whereby, the appellant was convicted and sentenced under section 302 of IPC to undergo life imprisonment. The appellant was further sentenced to suffer rigorous imprisonment for three years under section 201 of IPC with a further direction that both the sentences would run concurrently.
(2.) The fact of this case to be stated in brief is that on 17th May, 2000, in the early morning the de facto complainant Rabindranath Ghosh (Prodhan) Gochati Gram Panchayat came to know from the local people that a deadbody was lying smeared with blood at Nayanjuli in a public place on the southern side of the metalled road at village Tajpur. It was learnt from the local source that the deceased Najrul Mollah, aged about 45/46 was a resident of 24-Parganas (South) and he used to live in the house of Aloke Maji as tenant at village Tejpur, P.S. Daspur as a mason. According to him on 16/17.05.2000 he was killed by unknown assailant. There was bitter squabble between uncle and nephew and as a result, out of grudge he was killed. On the basis of FIR (Exhibit 1) lodged by P.W.1, Rabindranath Ghosh at Daspur Police Station, the O. C. Daspur P.S., Swapan Roy, P. W. 14 filled .in the formal FIR (Exhibit 10) and endorsed the case to P.W. 15, Debkusum Das for causing investigation of the case. On the basis of FIR, Daspur P.S. registered case number 43 of 2000 dated 17.05.2000 under section 302 of IPC. The S.I., Debkusum Das, P.W. 15 as I.O. took up the investigation of the case and he visited the place of occurrence and prepared sketch map with index vide (Exhibit 11). He also prepared inquest report in respect of the deadbody of victim after visiting the place of occurrence in presence of witnesses, P.W. 1, Rabindranath Ghosh, P.W. 2 Nitai Chandra Saw, P.W. 3 Ausotosh Susmal, P.W. 4 Kanan Kumar Bijoli vide (Exhibit 2) series. The I. O. also seized at P.O. on 17.05.2000 two pieces of half broken brick with bloodstained wooden butt and 'bonti' in two pieces, blood-stained mud and controlled earth, one lungi, one gamcha in presence of witnesses, P.W. 1 and P.W. 3 under a seizure list vide (Exhibit 3) series, collectively marked as 'Material' (Exhibit 1). The statements of witnesses P.W. 8 Md. Anarul Mollah, P.W. 12, Amiruddin Sekh, P.W. 13, Mahidul Mollah were recorded by him under section 161 of Cr. PC and in addition to this, the I. 0. recorded the statements of above witnesses under section 164 of Cr. PC through P.W. 10, Chandrakala Dhirajlal Bhora, Magistrate, 1st Class vide (Exhibits 4, 7 and 8) respectively. In addition to this, the I. O. after arresting the accused produced him before the Magistrate, P.W. 10, who after giving the accused due caution recorded his confessional statement under section 164 of the Criminal Procedure Code vide (Exhibit 6). The I. O. in course of investigation sent the deadbody of the victim, Najrul Mollah, to Dr. Binoy Kumar Dutta, P.W. 9, M.O. Ghatal, S. D. hospital through constable No. 1066, Mongal Kisku, P.W. 11, who identified the deadbody of the victim before the doctor and the doctor accordingly held P.M. examination of the victim and prove the P. M. report vide (Exhibit 5). After P. M. examination of the victim, P.W. 11 produced the lungi owned by the victim and he seized the same at P.S. on 18.05.2000 under seizure list vide (Exhibit 9) series. The photograph of the victim was taken by P.W. 16, Ashis Baran Maiti and the photographs, negatives and envelope have been exhibited as (Exhibits 12 and 14). However, the I. O. after completion of the investigation submitted chargesheet against the accused, Siraj Mondal, under section 302 of IPC. The I. O. prior to arrest of the accused sent a requisition to the O.C. Diamond Harbour P.S. vide (Exhibit 13).
(3.) The accused has been charged under section 302/201 of IPC to which he pleaded not guilty. The defence of the accused/appellant as appearing from the trend of the cross-examination, his examination under section 313 of Cr. PC and the confessional statement under section 164 of Cr. PC made by him is that he is innocent and at the material point of time the victim provoked him and assaulted him and in order to save himself he assaulted the victim with carnice, used by the mason and brick and as a result Najrul Mollah, the victim expired.;