MD MUSTAFA SHEIKH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) On 1st June, 2001 at about 9.30 p.m., the Appellant, Md. Mustafa Sk. of Notunpara, Ambagan (Hariharpur), P.S. Baruipur allegedly strangulated his spouse Parveen Bibi to death in his tenanted room and managed to escape therefrom. In the intervening night of 1/2.6.2001 at about 2.00 a.m., Muzibur Rahaman, P.W.I, the landlord informed the Officer-in-Charge, Baruipur P.S. about the commission of the said cognizable offence. On the basis of the said written complaint (Ext. 1) Baruipur P.S. case No. 91/2001 dated 2.6.2001 under Section 302 Indian Penal Code was registered for investigation. The Appellant Mustafa, however, had been to Beniapukur P.S. and stated before Sri Subhas Ch. Sarkar, the S.I. of Police, P.W.6 that he had caused death of his wife by throttling at Ambagan, Baruipur. On the basis of his statement he was detained there by the said Police Officer. On verification of his statement, Abhijit Mukherjee, the S.I. of Baruipur P.S., P.W.4 was informed about the same. The Appellant was subsequently arrested by P.W.4 and was taken to Baruipur P.S.

(2.) The inquest on the deadbody of the victim was held by Sri S.C. Sinha, Executive Magistrate, Baruipur as per requisition submitted by the I.O. before the S.D.O. The post-mortem examination of the victim was conducted by Dr. P.G. Bhattacharjee, P.W.5. In course of investigation, Abhijit Mukherjee, the I.O., P.W.4 examined several witnesses including Muzibur Rahaman, P.W.I, the informant, and his wife, the landlady, Yasmin Bibi, P.W.2 in terms of Section 161 Code of Criminal Procedure. He also collected the P.M. report. On his transfer, Krishna prasad Bose, the I.O., P.W.9 conducted further investigation and on completion of such investigation, he submitted chargesheet under Section 302 Indian Penal Code against the Appellant, Mustafa.

(3.) On consideration of the relevant Police papers and other connected documents and materials on record, the then learned S.D.J.M., Alipur, 24 Pgns. (South) was of the opinion that since the offence under Section 302 Indian Penal Code was established prima facie, the case is exclusively triable by the learned Court of Sessions. Accordingly, the case was committed to the Court of learned Sessions Judge, 24 Pgns. (South) in terms of 209 Code of Criminal Procedure by the order dated 8.10.2001.