TASNAHARA KHATUN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 18.05.2006 and 19.05.2006 passed by the learned Additional District and Sessions Judge, Fast Track 3rd Court, Rampurhat, Birbhum in Sessions Trial No. 4(6) of 2005 convicting the appellant for commission of offences punishable under sections 302/201 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life with fine of Rs. 3,000/- in default of payment of fine to suffer rigorous imprisonment for six months more for the offence under Section 302 of the Indian Penal Code and to suffer rigorous imprisonment for a term of 2 years with a fine of Rs.500/- and in default of payment of fine to suffer rigorous imprisonment for one month more for the offence under Section 201 of the Indian Penal Code. Both the sentences of imprisonment do run concurrently.

(2.) On 15.08.2004 P.W.13, Madhu Das, a resident of Mouoza Bishnupur, P.S. Margram, noticed the dead body of an unknown woman lying by the side of a pucca road. Blood was oozing from her mouth and there was a blackspot on her neck and shoulder. The deceased was wearing a yellow colouered nighty.

(3.) He suspected that the victim had been murdered and lodged written complaint at Margram Police Station. Inquest was held over the dead body by P.W. 15 in the presence of local witnesses i.e. P.Ws. 1 and 2. On the written complaint of P.W. 13 F.I.R. was drawn up and criminal law was set into motion. In the meantime, P.W. 3, Rosena Bibi, mother of the deceased, received information that an unknown dead body had been found lying at village Bishnupur. She identified the body of the deceased at Rampurhat Hospital and as that of her daughter Kulsun Khatun @ Rekha. P.W. 5, Milan Sk., a neighbour of the appellant, made statement before Magistrate that the appellant had searched the dead body at his residence and had removed it along with others from his residence on the night of 14.08.2004. Accordingly, the appellant and other accused persons viz. Hasib Sk, Mister Sk. Kamrul Sk. were arrested and charge-sheet was filed against them under Sections 302/201 of the Indian Penal Code with regard to the murder of Kulsun Khatun @ Rekha. To prove the aforesaid charges, prosecution examined 16 witnesses during trial. Defence of the accused persons was one of innocence and false implication. In conclusion of trial, trial Judge by judgment and order dated 18.05.2006 and 19.05.2006 convicted and sentenced the appellant, as aforesaid. However, by the self-same judgment and order the co-accuseds were acquitted of the charges levelled against them.