LAWS(CAL)-2022-4-111

CHARAN HEMBRAM Vs. STATE OF WEST BENGAL

Decided On April 27, 2022
Charan Hembram Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) Appellant has assailed judgment and order dtd. 27/6/2018 and 28/6/2018 passed by the learned Additional Sessions Judge, 2nd Court, Balurghat, Dakshin Dinajpur in Sessions Trial No.32 (12) of 2015 arising out of Sessions Case No. 315 of 2015 convicting the appellant for commission of offence punishable under Sec. 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs.10,000.00, in default, to suffer rigorous imprisonment for four months more.

(2.) Factual matrix giving rise to the impugned conviction is that appellant married the deceased Laxmi Tudu 11 years ago according to the Hindu social rites and customs. Two sons were born to the couple. Appellant used to subject the housewife to torture and salishes were held over such issue. Appellant agreed not to subject his wife to torture in future. Finally in the night between 4/5/6/2015, appellant in an inebriated condition assaulted his wife with a spade resulting in her death. On the next morning, he admitted his guilt before his brother (P.W.7) and other villagers including the parents of the deceased.

(3.) Sankai Tudu (P.W.1), father of the deceased lodged written complaint resulting in registration of Tapan Police Station Case No. 170 of 2015 dtd. 5/6/2015 under Ss. 498A/302 of the Indian Penal Code. In course of investigation, on the showing of the appellant spade was recovered. Charge sheet was filed against the appellant and charges were framed under Sec. 498A/302 IPC. Prosecution examined 17 witnesses and exhibited a number of documents. Defence of the appellant is one of innocence and false implication.