MINATI RANI KOTAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) IN Sessions Trial No.1/July /1989 (Sessions Case No.68/1988) the appellant/accused was tried on a charge of having committed murder of Suryomoni Dutta alias Boroma at No.22A, Pashupati Bose Lane within the jurisdiction of Shyampukur police station thereby committed offence under Sections 302 of the INdian Penal Code and by judgment and order dated 19.9.1990 was sentenced to suffer Imprisonment for life by the learned Sessions Judge, City Sessions Court, Calcutta which is under challenge in this appeal.

(2.) IN nutshell, it is the prosecution case that the deceased Suryomoni Dutta alias Boroma was residing in a room at 22A, Pashupati Bose Lane, Calcutta. The appellant/accused used to reside in the adjoining room along with her family members. On the day of the incident i.e. 10.9.1986 the brother-in-law of the appellant/accused, Santosh Kotal (P.W.6) who was dealing in fish had gone to market in the early morning at about 5.30 a.m. and at about 9.00-9.30 a.m. Smt. Sulekha Das alias Bula (P.W.10), a neighbour of the appellant/accused was told by the appellant/accused to call her brother-in-law, Santosh Kotal, so she went to the market and informed Santosh Kotal (P.W.6) that the appellant/accused is calling him. On this, Santosh Kotal came to his house and found appellant/accused was in a violent mood and having asked her what had happened, she told him that she has finished everything and that she has committed the murder of Suryomoni Dutta alias Baroma who was their co-tenant in the same house. On this, Santosh Kotal (PW6) went to call his brother Sukumar Kotal and as he was not there informed the incident to his wife Jharna Manna and his cousin Manju Saha. They all accompanied him and went to the place of occurrence where Jharna Rani Manna (PW3) noticed that Minoti Rani was wearing a saree inside her drawing room and came with big eyes (denotes aggressiveness) and when she (Jharna Rani) asked her (Minati) what have you done then she replied that she has killed Baroma (Baroma ke mere phelechi). On being questioned she also replied she (Baroma) has killed my husband so she (Minati) killed her (Aamar Sami ke mere pheleche tai ami mere phelechi). Then she tied her up with a gamcha to a Nora pole. Someone informed the police. The police arrived at the place of occurrence led by INspector, J. Biswas (P.W. 18). They went inside the house and saw an old lady lying injured in a pool of blood on the floor, police recorded the statement of Jharna Rani Manna which was treated as First INformation Report (Exbt. 3). The injured was removed to R.G. Kar Hospital. The police officer examined the witnesses at the place. Photographs of the place of occurrence were taken and alamats came to be seized. Blood stained and controlled earth from the floor of the bed room of the appellant/accused came to be collected. The victim was found to be dead. The body was thereafter sent for postmortem examination. After completing the investigation chargesheet was filed. The case was committed for trial.

(3.) P.W. 1, Adhip Krishna Banerjee, who had drawn a sketch map (Exbt.1). Molla Safiul Alam (P.W.2) who produced photographs in the Court consist of six negatives marked 'X ' and six photo prints marked 'y ' in support of the case. On conclusion of trial, the Sessions Court found the appellant/accused guilty of having committed murder of Suryomoni Dutta alias Baroma and did not accept the plea of unsoundness of mind and sentenced the appellant/accused to suffer imprisonment for life.