TASLIMA BIBI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appellant has been convicted under Sec. 302 IPC and sentenced to suffer imprisonment for life and to pay fine of Rs.1,000.00 in default to suffer simple imprisonment for 3 (three) months more by order dtd. 22/9/2003 passed in S.T. No. 16 (7)/03 by Additional Sessions Judge, Fast Track Court, Diamond Harbour, South 24 Parganas. Hence the appeal.

(2.) Sahajul Paik (deceased) had married Taslima Bibi (present appellant) and Taslima Bibi was his second wife. Though Sahajul Paik, deceased was staying most of the night in his own house, he used to come to the house of Taslima Bibi (present appellant) to pass some nights. On 7/3/2003 (Friday) Sahajul Paik had come to the house of Taslima Bibi (present appellant) and in the next day morning his dead body was found in the bed room of Taslima Bibi. Nephew of the deceased, examined as PW-1, lodged the FIR, scribed by PW- 2. On receipt of the FIR on 8/3/2003, investigation was taken up by the Investigating Officer (PW-13). In course of investigation, witnesses were examined, incriminating seizures were made, dead body of the deceased was challaned for post-mortem and on completion of investigation charge-sheet was filed against Taslima Bibi (appellant) and her brother, Hossain Ali Laskar (since acquitted) for offence under Sec. 302, 34 IPC.

(3.) Prosecution has examined 13 witnesses to bring to home the charge against the accused persons. PW-1 who is the son of the elder brother of the deceased is the informant. PW-2 is the scribe of the FIR. PW-3 is the sister of the appellant and she resides in another place. PW-4 is the wife of Hossain Ali Laskar (since acquitted). PW-5 is the witness to inquest over the dead body of the deceased, seizure of bloodstained earth from the spot and bloodstained lungi of the deceased. PW-6, 7 and 8 are co-villagers of the appellant who have testified about the fact that Sahajul Paik (deceased) was married to the present appellant and the dead body of the deceased was found in the house of the present appellant. PW-7 has specifically testified that the deceased used to come to the house of the present appellant. PW-9 is the first wife of the deceased. PW-11 is a co-villager of the deceased. He is testified to have heard that Sahajul Paik used to pass some nights in the house of the present appellant and Sahajul Paik was murdered in the house of the present appellant. PW-10 is the constable who took the dead body for post-mortem. PW-12 is the police officer who received the FIR and drew formal FIR. PW-13 is the I.O. The defence plea one of complete denial and false implication.