LAWS(CAL)-2020-3-6

MARZINA BIBI Vs. STATE OF WEST BENGAL

Decided On March 04, 2020
MARZINA BIBI Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The appeal is directed against the judgment and order of conviction and sentence dated 03-09-2011 and 05-09-2011 passed by the Learned Additional Sessions Judge, 1st Fast Track Court, Jalpaiguri in Sessions Case No. 221 of 2010. By the judgment and order impugned, the learned trial Court convicted the appellant for offence punishable under Section 302 of the Indian Penal Code, (in short the I.P.C.) and sentenced her to suffer life imprisonment. No fine was however imposed upon the appellant by the learned trial Court.

(2.) The prosecution case, in a nutshell, is that on 20-11-2007 Subash Tamang lodged written complaint before Bhaktinagar Police Station stating interalia that a mason named Abdul Miyan used to stay with his family in the house of Kamal Pradhan on rent and was engaged in construction work in the house of the complainant who was a neighbour of Kamal Pradhan. On the same day, i.e., 20-11-2007 at about 09:30 A.M. when Abdul did not turn up for his work, he sent another mason Bablu Miyan to the house of Abdul to call him. Bablu returned after sometime and stated that Abdul was lying in bleeding condition. Thereafter the complainant along with other villagers went to the house of Abdul Miyan and found him lying dead drenched in blood. There was mark of injury on his head caused by "kukri" and a "kukri" was lying beside him. Upon interrogation, Marjeena Bibi, wife of the deceased confessed before them that she had murdered her husband on the previous night at about 11/12 P.M. by assaulting him with a "kukri". The incident was then reported at the Police Station.

(3.) On receipt of written complaint, Bhaktinagar Police Station Case No. 932/07 dated 20-11-2007 under Section 302 of the I.P.C. was registered. On conclusion of investigation, charge sheet was submitted against the accused/appellant under Section 302 of the I.P.C. The appellant was arrested on the date of occurrence of the incident and is in custody till date.