BUDDHADEB LAHA Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant challenges the legal pregnability of the judgment and order of conviction dated 20.05.2005 and 21.05.2005, passed by the Additional Sessions Judge, Fast Track Court, Bankura in Sessions Trial No. 2 of April 2002, which arose out of Sessions Case No. 17 of Dec., 2001. By the impugned judgment learned Trial Court has convicted the appellant under Sec. 302 of I.P.C. and has sentenced him to suffer rigorous imprisonment for life and to pay a fine of Rs.5,000.00 in default to suffer rigorous imprisonment for one year.

(2.) According to the appellant, learned Trial Court has mainly relied on the purported extra judicial confession made by the appellant and has arrived at such a conclusion where there is no direct evidence regarding the involvement of the present appellant. The appellant has also taken the stand that the evidence of P.W. 6 has to be ignored because it is opposed to rule of law and that the scribe has admitted in his evidence that the F.I.R. was written as per the dictation of the police personnel. He has also taken the plea that the appellant went to the place of occurrence some three or four hours after the arrival of P.W. 9. Ventilating his such grievances, he has prayed for setting aside the impugned judgment and order.

(3.) Learned Counsel appearing on behalf of the State, Mr. Subir Banerjee, submitted that the judgment passed by the Trial Court is well-reasoned and the learned Trial Court has taken care of all the material particulars in arriving at such a conclusion. According to him, the impugned judgment is totally unimpeachable and it does not require any interference.