- (1.) Appellant - Tuelu Seth @ Saybu Seth was put on trial on the accusation of committing murder of Deonath Seth. The court having found the appellant guilty for the charge convicted him for the offence punishable under Sec. 302 of Indian Penal Code vide its judgment dated 12.10.2006 passed in ST. No. 38 of 2002 and sentenced him to undergo rigorous imprisonment for life for the said offence vide order dated 13.10.2006. The case of the prosecution, as has been made out in the fardbeyan (Ext. -1), is that Deonath Seth, younger brother of the informant -Radhay Shyam Seth (P.W. 3), had gone to his in -laws' place. On 1.7.2001 at about 11 am, Deonath Seth returned back along with his brother -in -law -Dinbandhu Seth (P.W. 4), aged about 11 years. At the time when Deonath Seth came home, his wife was not there in the house and as such, Deonath Seth after washing his hands and legs slept in the room. Meanwhile, said Dinbandhu Seth started playing in front of the house of Deonath Seth along with Misrilal Seth (P.W. 1), brother -in -law of Indrajit Seth -brother of deceased -Deonath Seth. At about 12 O'clock while the informant -Radhay Shyam Seth (P.W. 3) was in his house, Misrilal Seth (P.W. 1) came there running and informed him that the appellant after entering into the room of Deonath Seth has killed him with 'tangi'. The informant immediately rushed there and did find the appellant fleeing away with 'tangi' which was having blood mark over it. The informant chased the appellant but did not succeed in catching hold of him. When the informant came in the room of the deceased -Deonath Seth, he found him severely injured and was under the pool of blood. He was restless. Therefore, he raised alarm but In the meantime, Deonath Seth died. Thereupon, Misrilal Seth (P.W. 1) disclosed to him that while he was playing, he saw the appellant entering into the room of the deceased and then Slitting his neck. On getting such information, Shamim Ahmad, Officer Incharge of Tamar Police Station when came to the place of occurrence at about 2:30 pm, recorded the fardbeyan (Ext. -1) of the informant -P.W. 3 who narrated about the incident, as has been stated above. He also Stated about the motive of occurrence that the appellant had taken a sum of Rs. 300/ - from the deceased for getting his son treated. The deceased was insisting upon him to return money but the appellant was not interested in paying back the money and on account of that, animosity was there in between the deceased and the appellant. On the basis of said fardbeyan, a formal FIR was drawn. Thereupon, the matter was taken up for investigation by the Investigating Officer, who has not been examined in this case by the prosecution. Upon taking the matter for investigation, the Investigating Officer held inquest on the dead body of the deceased and prepared an inquest report and then sent the dead body for post mortem examination which was conducted by Dr. Ram Sevak Ram who upon holding autopsy on the dead body of the deceased found the following injuries: - - i. Incised wound 7 cm x 2 cm x bone deep; 6 cm x 1.5 cm x bone deep on left cheek and adjoining left lateral neck upper part, cutting left side of mandible bone. ii. 5 cm x 1.5 cm x bone deep incised Wound on left posterior lateral neck upper part cutting soft tissue, blood vessels and cervical vertebra partially. iii. Incised wound 4 cm x 1 cm x bone deep on bone/soft tissue on the back of neck. iv. Incised wound 3 cm x 1.5 cm x soft tissue, 2 cm x 1/2 cm x soft tissue, left lateral neck lower part. v. Incised wound 5 cm x 2 cm x bone deep on the upper lip, just below the nose cutting the underlying bone. vi. Incised wound 4 cm x 1 cm x soft tissue on right palm lateral side. vii. Incised wound linear 7 cm long on right chest front upper part.
(2.) The doctor issued post mortem examination report (Ext. -2) with an opinion that the death occurred due to shock and haemorrhage on account of aforesaid injuries caused by sharp cutting heavy weapon. Meanwhile, the Investigating Officer seized one 'tangi' without having any blood mark over it from the room of the deceased which was seized under seizure fist (Ext. -A). The Investigating Officer also recorded the statements of the witnesses.
(3.) On completion of the investigation, when the Investigating Officer submitted charge -sheet against the appellant, cognizance of the offence was taken and in due course when the case was committed to the Court of Sessions, the appellant was put on trial.;