- (1.) This appeal is directed against the order of conviction of the appellant dated December 12, 2007, for commission of offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as the I.P.C.) and sentence dated December 13, 2007, to suffer simple imprisonment for life and a fine of Rs.5000/- in default to suffer simple imprisonment for additional period of five (5) months passed by the learned Additional District & Sessions Judge, 1st Court, Suri, Birbhum in Sessions Trial No.3 of 2007 arising out of Sessions Case No.13 of 2007.
(2.) On July 4, 2006, PW 1 found the dead body of his brother Sukul Murmu son of Jama Murmu aged about 30 years lying on the courtyard of his house situated in Village-Raihat under Police Station-Sainthia, District-Birbhum. A deep cut injury round the throat of the above dead body was noticed. The deceased was wearing a yellow coloured underpant. His entire body was full of blood. PW 1 lodged a written complaint dated July 4, 2006, to Sainthia Police Station, District-Birbhum. It was received at Raihat village on July 4, 2006 at 08.45 hours on the above date and the same was forwarded to the Sainthia Police Station through Ram Gopal Mukherjee, Assistant Sub-Inspector, Sainthia Police Station. Initially Sainthia P.S. U/D Case No.31/06 dated July 4, 2006 was initiated. Thereafter, on receipt of the above letter of complaint a formal FIR bearing Sainthia P.S. Case No.45 of 2006 dated July 4, 2006 was drawn on the above date at 10.05 hours on the basis of G.D. Entry No.154. The Officer-inCharge, Sainthia Police Station, District-Birbhum (PW 12) engaged PW 13 as investigating officer of the above case. PW 13 immediately visited the place of occurrence. He prepared a rough sketch map of the place of occurrence alongwith index. He conducted inquest examination over the dead body of the aforesaid deceased person. He also seized blood stained earth from the place of occurrence. PW 1 and PW 2 were the witnesses of the above seizure list. He further seized wearing apparels of the deceased person. The above dead body was sent to the morgue of Suri Sadar Hospital through Constable Sadhan Ghosh for post mortem examination. Post mortem examination was conduced over the dead body of the aforesaid deceased by PW 14 on July 4, 2006, at 14.05 hours with reference to Sainthia Police Station U.D. Case No.31/06 dated July 4, 2006. On post mortem examination one transversely situated incised wound on front of neck measuring 2" x ¾" x ½" in size severing the skin, great vessels of the neck and Trachea was found.
(3.) According to the above post mortem report, amongst others, rigor mortis was present in the dead body. The stomach and the bladder were found empty. According to the opinion of the doctor (PW 14), the death was due to haemmorahage and shock and as a result of the injuries which were antemortem and homicidal in nature. The appellant was arrested on July 17, 2006 from Village-Raihat, Police Station-Sainthia, District-Birbhum. Charge sheet bearing No.58 dated September 6, 2006 was filed against the appellant punishable under Section 302 of the I.P.C. Charge was framed against the appellant on March 13, 2007, for commission of offence punishable under Section 302 of the I.P.C. After examining fourteen (14) prosecution witnesses and bringing documentary evidences on record as also recording the statement of the appellant under Section 313 of the Cr.P.C. the impugned judgment was delivered.;