YUSUF BAIDYA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 28.11.2018 and 29.11.2018 passed by the Additional Sessions Judge, 2nd Court, Barasat, North 24 Paraganas in Sessions Trial No.03 (9) 2013 arising out of Sessions Case No. 781 of 2014 convicting the appellant and co-accused Mahasin Ali @ Moychen Ali having the charge under Section 302 / 34 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay fine of Rs.50,000/- in default to suffer further imprisonment for one year more.

(2.) Prosecution case levelled against Mahasin Ali @ Moychen Ali and the appellant is to the effect that on 29.12.2012 P.W. 4, Reshma Bibi, daughter-in- law of Mahasin Ali @ Moychen Ali was informed by the latter that 4/5 persons had dragged away his wife, Saleha Bibi towards the pond and raped her. When he resisted, they had assaulted him and poured poison into his mouth.

(3.) Saleha and Mahasin Ali @ Moychen Ali used to work in the brick field and on the fateful day Saleha had gone to the brick field and not returned till evening. Mahasin Ali @ Moychen Ali had gone out to search for his wife and thereafter he returned in a disturbed condition and narrated the aforesaid facts to P.W.4, Reshma Bibi. Reshma Bibi immediately contacted her husband, Alfaj Ali, P.W.1. Upon his return, Mahasin Ali @ Moychen Ali narrated the same facts to Alfaj. Alfaj went towards the pond but could not find anything. Thereafter with the assistance of his wife and aunt and being armed with a torch light he found the shoes of his father in a bamboo grove near the pond. He also noticed that his mother was lying naked beside the back of the pond and there were marks of injury on her head and she was bleeding. Both his parents were taken to Barasat Hospital, where his mother was declared dead.