- (1.) THIS appeal is directed against a judgment dated 29th June, 2002, passed by the learned Additional District and Sessions judge, First Track Court-II, Alipore, South 24-Parganas, in Sessions Trial no. 16 (3) 2002 arising out of Sessions Case No. 52 (9) 2000 convicting the appellant under sections 302 and 201 of the Indian Penal Code, and an order dated lst July, 2002 by which the convict was sentenced to rigorous imprisonment for life as also to pay a fine of Rs. 5,000/-, in default to suffer further rigorous imprisonment for one year for the offence punishable under section 302 of the IPC. He was further sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs. 2,500/-, in default to suffer further rigorous imprisonment for six months for the offence punishable under section 201 of the Indian Penal Code. Both the sentences were directed to run concurrently.
(2.) THE facts and circumstances of the case briefly stated are as follows: on 29th July, 2000, at about 1. 30/2 p. m. the appellant, Abdul Kader Sk. @ chittu, killed the victim, Sandhya Haider, and escaped from the place of occurrence. The witnesses and the villagers rushed to his house but he was not found. Upon search being conducted at his house by the witnesses, a blood-stained lungi was recovered from an earthen pot. The mother of the accused including the aforesaid bloodstained lungi was produced in the nearby police station. A written complaint was also lodged. The accused Chittu absconded for some time and was ultimately arrested on 6th August, 2000, from Khidderpore bus stand on the basis of information collected by the police from its sources. On 10th August, 2000, on the basis of information furnished by the accused Chittu, the offending weapon was recovered and seized from his house. The records reveal that on 11th August, 2000, the accused was forwarded to the learned SDJM for recording his confession which the accused wanted to make. From the order dated 11th August, 2000, passed by the learned SDJM it appears that the accused was bent upon making a confession. The learned SDJM asked the accused to further reflect on the matter and adjourned the proceedings until 14th August, 2000. On 14th August, 2000 the accused was produced from the jail custody before the learned SDJM. At. that stage the accused declined to make any confession. The accused, in the circumstances was, remanded to the jail custody.
(3.) THE evidence adduced by the prosecution may now be noticed.;