BIBEK CHAUDHURI,J. - (1.) This appeal is directed against the judgment of conviction and order of sentence dated 17th July, 2006 and 18th July, 2006 respectively passed by the learned Additional Sessions Judge, 1st Fast Track Court, Bichar Bhawan, Calcutta in Sessions Trial No.1 of November, 2005 (SC No.85 of 2005) convicting the sole appellant under Section 302 of the Indian Penal Code (hereafter I.P.C for short) and sentencing her to undergo rigorous imprisonment for life and also to pay fine of Rs.2000/- only, in default to further rigorous imprisonment for two years.
(2.) The prosecution case as alleged against the appellant is to the effect that on 24th February, 2005 at about 6.15 P.M, on duty police officer attached to Bartala Police Station received an information that one person was lying in unconscious state inside a room situated on the second floor of premises No.108 Durga Charan Mitra Street, Kol-6. The police immediately reached the P.O and came to know that the said room was under occupation of the appellant as a tenant. The appellant was a sex worker. Police found one person aged about 40/45 years having dark complexion and stout health wearing a blue coloured shorts lying on his back on the floor inside the said room under the tenancy of the appellant. On preliminary enquiry the police officer ascertained that the name of the said person was S. Shankar Reddy and he used to visit the appellant frequently as her customer. It was also learnt that on 23rd February, 2005 the said S. Shankar Reddy (hereinafter described as the victim) came to the room of the appellant and had stayed there on the night of 23rd/24th February, 2005 with the appellant. The victim was removed to R.G.Kar Medical College and Hospital where he was medically examined and declared brought dead. The body of the victim was sent to N.R.S Medical College Morgue for post-mortem examination. After autopsy, police came to know that the cause of death of the victim was due to the effect of strangulation by a ligature which was antemortem and homicidal in nature. The police officer collected the P.M report and on 26th February, 2005 S.I Goutam Dey formally lodged FIR against the appellant before the officer-in- charge, Bartala Police Station, on the basis of which Bartala P.S Case No.34 dated 26th February, 2005 was registered against the appellant under Section 302/34 I.P.C.
(3.) On conclusion of investigation charge sheet was filed against the appellant under Section 302 I.P.C. The case being Sessions triable, was committed to the court of sessions and the learned Chief Judge, City Session Court transferred the case to the 1st Fast Track Court of the Additional Sessions Judge, Bichar Bhawan, Calcutta for trial and disposal.;