UTTAM RAJBANGSHI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) On November 6, 2000 Beranu Rajbanshi was found dead lying on the courtyard of his own house on the bank of Fulbari Kuchiamari Pukur under Gazole Police Station in the district of Malda. On the said day at about 7 a.m. in the morning Tapan Saha, a villager informed the police that Beranu was lying dead in his house.

(2.) The police immediately rushed to the place and removed the dead body and sent it for post mortem examination after preparing the inquest report. The police arrested the close relatives of Beranu being his wife Sahani Rajbanshi, his son Khusen, his son in-law Uttam Rajbanshi and one Kalipada Kanshari, a friend of Uttam.

(3.) PW-1, Naren Rajbanshi, the brother of Beranu deposed that there had been a long dispute between Beranu and Sahani with regard to immovable property. Beranu left his house and constructed a new house where he was living alone. On November 5, 2000 Sahani invited Beranu for dinner. They drunk together. There had been a quarrel between Beranu and Sahani. Beranu was taken to his new house from the old building. Next morning he was found dead in his house lying on the courtyard. On being asked by the police, he gave a written complaint by putting his thumb impression in the written complaint. He categorically asserted that he had his firm belief that Sahani, Khushen and the son in-law Uttam along with Uttam's friend Kalia murdered Beranu by slitting his throat.