DHENU MURMU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This criminal appeal arises out of the judgment and order of conviction dated 11.10.2004 and 12.10.2004 passed by the Learned Additional Sessions Judge, Fast Track 2nd Court, Islampur, Uttar Dinajpur in Sessions Trial No. 15/04 arising out of Sessions Case No. 27/03. The Learned Trial Court convicted the accused/ appellant herein under Section 302 of Indian Penal Code, 1860, for murdering his sister-in-law one Sunita Tudu and a child of 15 weeks that she was carrying in her womb during her pregnancy. The Trial Court found the appellant guilty and sentenced the appellant to imprisonment for life and imposed a fine of Rs. 10,000/- and in default to further suffer simple imprisonment for one year.

(2.) The brief facts of the case are that the father of the appellant vis Mondal Murmu had four children, three sons viz Bijoy Murmu, Som Murmu and the appellant and one daughter named Lakhi Murmu. Bijoy Murmu was married to the victim Sunita and they resided in a separate house. The appellant, his father and his other siblings stayed in another house adjacent thereto. The two houses shared a common courtyard.

(3.) The case of the prosecution as would appear from the written complaint lodged by a local resident named Mose Hembram is that at about 10:00 a.m. on 12.07.2002 the father of the appellant went to the Sarat Tea Estate and told the people working there that his son (the appellant) had killed his daughter-in-law (Sunita) in Sunita's house by a sharp cutting weapon. On hearing this, the victim's husband Bijoy tried to commit suicide by trying to throttle himself with a rope.