NIRUPAM SAHOO Vs. STATE OF WEST BENGAL
LAWS(CAL)-2019-7-218
HIGH COURT OF CALCUTTA (FROM: PORT BLAIR)
Decided on July 29,2019

Nirupam Sahoo Appellant
VERSUS
STATE OF WEST BENGAL Respondents


Referred Judgements :-

ALOKE NATH DUTTA VS. STATE OF WEST BENGAL [REFERRED TO]


JUDGEMENT

JAY SENGUPTA,J. - (1.)This appeal is directed against the judgment and order of conviction dated 26.03.2010 and sentence dated 29.03.2010 passed by the Learned Additional Sessions Judge, 2nd Fast Track Court, Contai, Purba Medinipur in Sessions Trial Case No. 57/September/2006, thereby convicting the appellant under Sections 302 and 201 of the Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 10,000/-, in default to suffer simple imprisonment for two years more for the offence under Section 302 of the Penal Code and to suffer two years' simple imprisonment and to pay a fine of Rs. 2000/-, in default to suffer simple imprisonment for six months more for the offence punishable under Section 201 of the Penal Code.
(2.)On 15.05.2006 at about 10.45 hours, PW 2 lodged a First Information Report that on 15.05.2006 at about 2.00 hours, the appellant, who happened to be the brother-in-law of his sister Sujata, struck severe blows on the heads of PW 2's said sister Sujata and her mother-in-law Bishnupriya with a sharp weapon, killed them, dumped the bodies in a pond and fled away. After sometime the appellant consumed something like a poison and was found lying unconscious in a village field. PW 2 had heard all these from a person residing nearby.
(3.)The investigation commenced. PW 14, a Sub-Inspector of Police, held inquest over the two dead bodies on 15.05.2006 at about 12.15 hours in the presence of witnesses PWs 2, 5, 6 and 7. The witnesses took the name of the appellant as the assailant. On 16.05.2006 at about 16.10 hours PW 13, the autopsy surgeon, held a post-mortem over the deadbody of the deceased Sujata Sahoo. He found fracture of skull and internal haemorrhage. According to him, the injury was homicidal and might have been caused by moderately heavy sharp edged wooden bar/bat. He held the post-mortem examination over the deadbody of Bishnupriya on 16.05.2006 at about 16.40 hours and found similar injuries. After completion of investigation a charge-sheet was submitted against the appellant. On 06.01.2007 charges were framed against the accused/appellant under Sections 302 and 201 of the Penal Code.


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