MD. WASIM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dtd. 9/3/2004 passed by the learned Additional Sessions Judge, 5th Fast Track Court, Calcutta in connection with Sessions Trial no. 1(4) of 2003 arising out of Sessions Case No. 22/2003 convicting the appellant for commission of offence punishable under Sec. 302 and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs.5,000.00 (Rupees Five Thousand only) in default to undergo simple imprisonment for three more months.

(2.) This is a case of matricide. In the early hours of 6/10/2002 it is alleged that the appellant had hit his mother on the head with a kitchen grinding stone resulting in instantaneous death. His wife, Safia Begum, PW-3 found the appellant standing in the bedroom of her mother-in-law with a blood stained kitchen grinding stone. Her mother-in-law was lying on the floor. Blood was oozing out from her ears. Appellant threatened her not to raise alarm. Around 6.15 hours, an unknown person made a phone call at Bowbazar Police Station stating that an assault had taken place at 33, Harinbari Lane, Kolkata - 73. PW-9, Mahadeb Singha Roy, who was posted therein as S.I. of police diarised the incident and proceeded to the spot. He recorded the statement of PW-3, which was treated as the FIR. Appellant was arrested and the weapon of offence was also seized from the spot. In the meantime, relations were informed and PW-6, son-in-law of the deceased rushed to the spot. Appellant admitted his guilt before his brother-in-law, PW-6. During investigation, appellant also made a judicial confession before the Magistrate under Sec. 164 of the Code of Criminal Procedure. Charge sheet was filed against him and charge was framed under Sec. 302 of the Indian Penal Code. Appellant pleaded not guilty and claimed to be tried.

(3.) These are the witnesses of fact. PW-8 is the PM doctor who held autopsy over the dead body of the deceased. He found the following injuries.