Joymalya Bagchi, J. - (1.) The appeal is directed against the judgment and order dated 27.02.2013 and 28.02.2013 passed by the learned Additional District and Sessions Judge, Fast Track, 3rd Court, Rampurhat, Birbhum, Sessions Trial No. 5(2) of 2010 arising out of in Sessions Case No. 127 of 2009 convicting the appellant for commission of offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay fine of Rs.20,000/-, in default, to suffer rigorous imprisonment for one year more.
(2.) The prosecution case as alleged against the appellant is to the effect that on 02.07.2009 at 5.30P.M. Prosanta Sarkar (P.W.1), brother of the victim Mollika Sen lodged a written complaint that his elder sister Mollika used to reside alone in the first floor of the premises named and styled as 'Maa Tara Anusthan Bhaban' situated at Rampurhat, Birbhum. He heard over telephone from his nephew Tapas Sarkar, P.W. 6, that his elder sister Mollika was strangulated by an unknown person. After reaching the place of occurrence he came to know that at 3 P.M. his elder sister had cried out in an unnatural voice "Babli". On hearing the noise, Hrisikesh Dutta P.W. 20, a neighbour told his son Somnath Dutta P.W. 17 and others who used to reside in the ground floor of his house to enquire into the matter. Somnath went upstairs to the room of the victim and found her door locked from inside. Thereafter he saw a person coming out of the house. The said person was aged around 30 to 40 years, fair complexioned and about 5 feet 5 inches tall. He hurriedly left the spot in his bicycle say "my aunt is ill and I am going to bring medicine". P.W. 1, further alleged that his sister ordinarily did not open the door to any unknown persons. Hence, he suspected that his sister had been murdered by someone who was known to her. On the written complaint of P.W. 1, Rampurhat P.S. Case No. 111 of 2009 dated 02.07.2009 under Section 302 of the Indian Penal Code was registered for investigation. In the course of investigation the appellant was arrested and incriminating articles including some nylon ropes used to tie cattle were recovered from his premise pursuant to his leading statement. Forensic report with regard to seized articles was obtained and charge-sheet was filed against the appellant.
(3.) The case was committed to the Court of Sessions and transferred to the Court of the Additional Sessions Judge, Fast Track, 3rd Court, Rampurhat, Birbhum for trial and disposal.;