KAMAL ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal arises out of the judgment and the order of conviction and sentence passed by learned Additional Sessions Judge, Fast Track Court-II, Howrah in S.T. No. 706 of 2006 whereby the appellant Kamal Roy has been convicted for commission of the offence under Ss. 302/34 of Indian Penal Code (in short IPC) and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 5,000.00 (Rupees Five Thousand only), in default, S.I for six (6) months.

(2.) The prosecution case, in brief, may be stated as under : In the intervening night of 19.10.1994 and 20.10.1994 the informant Abhijit Singh was sleeping in the store room on the roof of the house at 36/2/1, R.N.R.C. Ghat Road, P.S. - Shibpur with his grandmother and younger brother. The rest family members of their family were sleeping in the rooms on the second floor of the house. While he was sleeping, he heard a sound of movement of some persons on the roof outside his room. He came out of the room and saw the appellant Kamal Roy was walking round the roof with a little boy. While he asked Kamal as to why he was there, he then told him that he needed shelter for the child and him in the house. Meanwhile, the father of Abhijit came there and asked the appellant to leave the place then and then and forbade him to come back again. The appellant left the place along with the child. At about 12:30 a.m. he came back there with four/five associates armed with 'hasua' (sickle). The appellant assaulted Debendra Prasad Singh, the father of the informant Abhijit Singh with 'hasua' on his person. The appellant and his associates came there with an intention to assault his father, his younger brother and him. After inflicting assault on the person of his father, the appellant Kamal and his associates left the place. The father of the informant who sustained injuries on his person was brought to local hospital where he was declared brought dead. The appellant Kamal and his associates caused the death of the father of the informant.

(3.) Depicting the episode as above the informant Abhijit Singh lodged an FIR at Shibpur Police Station and the FIR was registered as Shibpur P.S. Case No. 300 dated 20/10/1994 under Ss. 302/34, IPC against the appellant (hereinafter be called as the accused person) and others. During investigation the I.O. examined available witnesses and recorded their statements under Ss. 161 Cr.P.C. In course of investigation the I.O. arrested the accused persons namely Kamal Roy and Sambhu Panda and forwarded them to Court. The I.O. collected inquest report and post-mortem examination report. After completion of the investigation the I.O. submitted charge-sheet against five accused persons including the accused persons Kamal Roy and Sambhu Panda under Ss. 302/34, IPC.