- (1.) FACTS: on October 27,1982 being Bijoya Dashami Day at about 2. 30 A. M. in the night the appellant by the name of Brinda along with one of his friends entered Santoshi Ma Hotel at Nagendra Bazar, Diamond Harbour and demanded two rooms and two young girls from Shri Nakul Chakraborty, the proprietor of the said hotel. Nakul refused to give him room as the hotel was closed on that day. Nakul also expressed his inability to provide any young girl to him. As a retaliation Brinda broke open the lock of the cash box and robbed the money lying in the cash box. He also assaulted Nakul by bamboo stick hitting him on his head. The incident occurred in presence of two ladies namely kamala Bar and Kamala Karmakar being the cook and the maidservant of the said hotel. He also threatened the said ladies with dire consequences in case they divulged the incident to any person. Out of fear Kamala Bar and Kamala karmakar flee away from the hotel without informing anyone of the incident. Nakul was lying unattended in the said hotel having profused bleeding. His son Biswanath on the next day at about 10. 00 A. M. found him lying at the hotel in unconscious condition. He was removed to the primary health centre where the-victim was given first aid. He was then taken to the Bangur Hospital and thereafter the SSKM Hospital where he was declared dead.
(2.) ON the next day of occurrence Niva Chakraborty the widow of the victim lodged a written complaint to the Diamond Harbour Police Station. The said written complaint was received by the Police Station at about 10. 05 P. M. when the police started a case under Section 447/325/379 of the Indian Penal code. Subsequently Brinda was arrested and he was charged with the offence under Section 392/397 read with Sections 302 and 34 of the Indian Penal code. The other accompanion could not be apprehended. In the identification parade Brinda was identified both by Kamala Bar and Kamala Karmakar. Brinda pleaded not guilty and demanded trial.
(3.) ALTOGETHER sixteen witnesses were examined. Ultimately the learned judge held him guilty of the offence under Section 302 read with Section 34 of the Indian Penal Code and was convicted under Section 325 (2) of the Code of criminal Procedure. He was imprisoned for life together with a fine of Rs. 6,000. 00/- and in default to suffer two years imprisonment. Hence, this appeal by Brinda. ANALYSIS OF EVIDENCE :;