- (1.) COURT Both the aforesaid appeals i.e. Cr. A (DB) No. 168 of 2000(P) and Cr. A. (DB) No. 709 of 2008 were preferred by the same Appellant Chhabi Mandal. The Cr. A. (DB) No. 709 of 2008 is jail appeal preferred by him whereas Cr. A (DB) No. 168 of 2000(P) was also filed through his counsel. Both the appeals have been taken up together and are being disposed of by this judgment.
(2.) THE Appellant has assailed the impugned judgment dated 18.02.2000 passed by learned Additional Sessions Judge, Pakur in S.T. No. 267/1997/3/1998 whereby he has been (sic) under Sections 302 and 201 I.P.C and sentenced to (sic) life imprisonment under Section 302 I.P.C. and two years R.I. under Section 201 I.P.C. The said case was initiated on the basis of fardbeyan of Konika Mandal (P.W. -10) Wife of the deceased. The prosecution case, in brief, is that on 01.08.1997 at about noon there was dispute of taking away 'sattu', kept in a bucket in the house of this Appellant. The wife of the Appellant alleged that sattu was taken away by the informant. On the said allegation, there was a quarrel between the wife of the Appellant and Konika Mandal -informant. The allegation is that when the Appellant returned from his work in the evening, his wife complained about the same. The Appellant allegedly, thereafter, became angry and took a sabal (thick iron rod) and went to the house of the deceased. At that time Ratan Mandal was collecting biris from the labourers. The Appellant allegedly went there and inflicted sabal blow on the head, shoulder and hand of the deceased Ratan Mandal. When Ratan Mandal fell down, the Appellant penetrated knife and took out his eyes. It caused profuse bleeding, and the deceased became unconscious. The informant raised alarm whereupon several villagers assembled and with their help the deceased was taken to the hospital. In course of treatment he succumbed to his injuries, the next morning, i.e. on 02.08.1997.
(3.) ON receiving such information, police went to the hospital but in the night police did not find anybody. The police again visited the next morning and recorded fardbeyan of the informant Konika Mandal.;