POULASH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appeal is directed against judgment and order dated 21.05.2005 convicting the appellant for commission of offence punishable under section 302 IPC and sentencing him to suffer imprisonment for life and to pay fine of Rs. 5,000/-, in default, to suffer imprisonment for one year.

(2.) Prosecution case, as alleged, against the appellant is to the effect that he was married to the deceased widow, Albina Kharia. There were frequent quarrels between the couple as appellant used to demand money from Albina. He also threatened to kill her when she refused to pay money. On 14.05.2002 at 6 p.m. Albina left with the appellant. She did not return during the night. Next day, her deadbody was found near the railway track. Post-mortem report revealed that she died due to strangulation. On the written complaint lodged by the daughter of the deceased Pushpa Kharia, P.W. 1, first information report was registered against the appellant. Charge-sheet was filed and charge were framed against him under section 302 IPC.

(3.) In course of trial prosecution examined 8 witnesses and exhibited a number of documents.