- (1.) THIS appeal is directed against a judgement dated 26th March, 2002 passed by the learned Additional Sessions Judge, 2nd court, Asansol in Sessions Trial No. 22 of 2002 arising out of Sessions Case no. 48 of 1999 convicting the appellant under section 302 of the Indian Penal code and under section 25 (l) (a)/section 27 of the Arms Act and an order dated 27th March, 2002 by which the appellant was sentenced to suffer rigorous imprisonment for life and to pay fine of Rs. 5,000/-, in default to suffer further rigorous imprisonment for a period of six months. No separate sentence, however, was passed under section 25 (l) (a)/section 27 of the Arms Act.
(2.) THE case of the prosecution briefly stated is that on 30th August, 1995, at about 7. 00 p. m. , the appellant Ratan Ruidas shot dead the victim, Jiten ruidas at Chapui Suripukur within the limits of Raniganj PS. He thereafter, stabbed at random and in the process sustained a cut injury in his little finger of the left hand. He thereafter, reported to the Raniganj Police Station and made a confessional statement in vernacular at about 22. 10 hours on 30th August, 1995 which has been marked Exhibit 1. A summary of the confessional statement recorded in the Raniganj Police Station marked exhibit 1 is as follows: "i Ratan Ruidas son of late Basu Ruidas, resident of Joyramdanga PS barabani, aged about 24 years state that during my childhood I lost my father. I have since then been living in the house of my uncle late Rabin ruidas (mother's sister's husband) at village Chapui. I treated my aunt and uncle as my parents. I am an illiterate. I grew up together with my aunt's son Jiten. About 1 and 1/2years ago Jiten my contemporary got married. Ever since his marriage he developed disliking for me and tried to force me out of their house. Since I have nowhere to go nor do I have any connection with my original family I tolerated the oppression meted out to me by my cousin Jiten. Gradually, the oppression meted out by him became unbearable. Three or four days ago I decided to kill him. I procured a loaded pipegun and a dagger and was looking for an opportunity to kill Jiten. This evening around 7 O'clock, I tricked Jiten into accompanying me towards the eastern side of our village Chapui on the pretext of going there to respond to the nature's call. We were walking along the fields. Jiten was ahead of me. Jiten was bare bodied except for a stripe lungi. At an opportune moment, I took out the pipegun and shot jiten on his back. Jiten screamed and fell down. At that time, I stabbed on the body of Jiten at random. There was then none at the place of occurrence i. e. Suripukur. I threw the pipegun in an adjoining bush. I threw the dagger a little further from the gun. At the time of stabbing jiten I accidentally suffered an injury on my ring finger (anamika ). Thereafter, I walked down to G. T. Road; boarded a mini bus; alighted at raniganj; wondered aimless for sometime and after 10. 00 p. m. I have reached the police station. I made this statement to you. I have voluntarily with a pre-meditated plan killed my cousin Jiten being unable to tolerate his tortures. "
(3.) P. W. 2 Amit Roychowdhury, the then Officer-in-Charge of Raniganj police Station, deposed inter alia, as follows: ". . . That time I noticed cut injury on the little finger of the left hand and I also noticed blood-stain on his wearing shirt. On seeing the injury and blood-stain and on hearing the statements of Ratan Ruidas, I had the suspicion that Ratan Ruidas might have committed an offence. Thereafter I diarised the entire statements of Ratan Ruidas. This is that GD Entry No. 1330 dt. 30. 8. 95 of Raniganj PS under my hand-writing and signature. Let the GD entry No. 1330 dt. 30. 8. 95 be marked Exbt.-1. Thereafter I seized the wearing apparel of Ratan Ruidas under a seizure list. This is that seizure list under my handwriting and signature. Let the seizure list of wearing shirt be marked exbt-2, I also took LTI of Ratan Ruidas in Exbt-2. I procured signature of the witnesses on Exbt-1/2. Thereafter, informed SI Satyabrata Ghoshal of nimcha IC and asked him to meet me at village Chapui. To testify the veracity of the statements of accused Ratan Ruidas, I along with SI P. Sahu and other forces left for village Chapui. At that time Ratan Ruidas was also with us. After reaching at village Chapui, we went to the house of Jiten ruidas as per guidance of the accused Ratan Ruidas. I also met SI Satyabrata ghoshal at village Chapui. We searched Jiten Ruidas at his house but he could not be traced out. Thereafter, I asked Uttam Ruidas, the brother of Jiten Ruidas to call the local respectable persons. Subsequently, Bijoy Ruidas, Laxman Ruidas, jagai Ruidas and others came to me and asked me as to why they were called. I disclosed the reasons of my presence to those persons, I also disclosed that my presence at that place was for some enquiry also disclosed those persons about the statements of Ratan Ruidas. Thereafter, Ratan ruidas took us towards Suripukur. Ratan Ruidas pointed out the deadbody of Jiten Ruidas. Uttam Ruidas identified that deadbody to be the deadbody of Jiten Ruidas. I found that Jiten Ruidas was lying facing towards earth and there were some injuries on his back and parts of the body. We detected that Jiten Ruidas expired. Thereafter Ratan Ruidas led us to a nearby bush and the accused showed us arms that were used by him for causing injuries of Jiten Ruidas. Thereafter, I seized that pipegun and a knife under two seizure lists in presence of witnesses. These are two seizure lists written and signed by me. I procured the signature of the witnesses and the accused on these seizure lists. Let the seizure lists be marked exbt-3 and 4. Thereafter, I submitted a written complaint at the Raniganj ps and that written complaint was written standing by the side of Suripukur of village Chapui. I forwarded the written complaint to the OC Raniganj ps through SI Parimal Sahu. This is that written complaint, written and signed by me. Let the written complaint be marked Exbt-5. This formal fir was filled in and signed by SI Parimal Sahu. I know the handwriting and signature of SI Parimal Sahu. Let the formal FIR be marked Exbt-6. I endorsed this case to SI Satyabrata Ghosal for investigation. I was at the place of occurrence during the whole of that night. SI S. B. Ghosal was with me at the place of occurrence till my departure. ";