ANANDA SINGHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 28.7.2010 and 29.7.2010 passed by the learned Additional Sessions Judge, 4th Fast Track Court, Jangipur, Murshidabad in Sessions Trial No.206/June/09 arising out of Sessions Sl. No.05/09 convicting the appellant for commission of offence punishable under Sections 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay fine of Rs.5,000/- in default to suffer further rigorous imprisonment for six months more.

(2.) Prosecution case, as alleged, against the appellant is to the effect that a matrimonial dispute was pending between him and his wife, Rakhi Singha, the deceased. Maintenance proceeding was instituted by Rakhi against the appellant. Appellant failed and/or neglected to pay maintenance dues and was taken into custody. Out of grudge, in the night between 25/26th July, 2008 while Rakhi was sleeping with her sister Sikha Singha, P.W.1 at the Paikpara residence, the appellant attacked her. Hearing the shouts of her sister, Sikha woke up and found her sister with a deep cut injury on her neck. She saw the appellant running away with a 'batali' (a sharp cutting weapon) in his hand. Sikha chased him but he succeeded to flee away. She sent information about the unfortunate incident to her mother Dulali Singha, P.W.2 through a taxi driver. Dulali and other relations who were residing in a nearby house rushed to the spot. The victim was taken to hospital but was declared dead. On the next day, Sikha lodged written complaint scribed by P.W.9 at the police station resulting in registration of Farraka P.S. Case No.107 of 2008 dated 26.7.2008 under Section 302 of the Indian Penal Code.

(3.) In the course of investigation, police seized the weapon of offence and other articles. The appellant was arrested. In conclusion of investigation, charge sheet was filed and charge was framed against the appellant under Section 302 of the Indian Penal Code. The appellant pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined 13 witnesses and exhibited a number of documents. In conclusion of trial, trial judge by impugned judgement and order dated 28.7.2010 and 29.7.2010 convicted and sentenced the appellant, as aforesaid.