- (1.) THIS appeal is directed against a judgment and order dated 28th February, 2000, passed by Sri K. Chakraborty, the learned Additional sessions Judge, Alipurduar, in Session case No. 41 of 1997 convicting the appellant under Section 302 of the indian Penal Code. The learned trial Judge sentenced the accused to suffer life imprisonment as also to pay a ane of Rs. 5, 000/- for the offence punishable under section 302 of the Indian Penal Code and in default to suffer further imprisonment for a period of six months.
(2.) BRIEFLY slated the case of the prosecution is that on 18th May, 1992, the accused, Krishna Adhikary @ barman assaulted his elder brother, Khiteri barman, with a dagger. The wile of Khiten Barman intervened. She was dealt a blow on her hand which resulted in a bleeding injury. Khiten took to his heels. Krishna chased him. In order to save his life, Khiten entered into the bedroom of Sudhir Babu. Krishna entered into the bedroom of Sudhir Babu and mercilessly killed his brother, Khiten. The head of the victim was almost chopped off though not fully severed. The accused, Krishna, thereafter came back to the house of the victim and beheaded the victim's wife, Menoka. A large number of people had collected. The accused, Krishna Adhikary @ barman, threatened the onlookers of dire consequences if anyone dared to come near him. The police was informed. The police came shortly thereafter and arrested the accused when he was surrounded by the villagers. The accused was thereafter charged under section 302 of the Indian Penal code and the learned trial Judge has found the accused guilty. The accused has now come up in appeal.
(3.) BEFORE we consider the submission advanced by Mr. Bhattacharyya, the learned Counsel, appearing in support of the appeal, we shall briefly examine the evidence on the record.;