GANAPATI SARDAR Vs. STATE

JUDGEMENT

(1.) THE appellant impugns in the present appeal an order of conviction under Section 302 Indian Penal Code and sentence of death as passed on 19. 7. 191 by the learned Additional Sessions judge, First Court, Burdwan in Sessions Trial No. 46 of 1991 / Sessions Case no. 88 of 1991. The learned Additional Sessions Judge, First Court, Burdwan having passed a death sentence, there has been a reference to this Hon "ble court for confirmation of the death sentence under Section 366 Cr. P. C. The appeal and the death reference case have been heard together.

(2.) THE prosecution case inter alia is that the appellant was the husband of victim Alpana. On the morning of 29th Bhadra 1393b. S. corresponding to 15th September, 1986 one Subhas Sardar, the brother of the appellant, ganapati Sardar, found his mother Rajeswari Sardar crying to the effect that alpana was lying dead in the bedroom while Ganapati Sardar was found absent. Subhas Sardar then came to his mother and found that his sister-in-law Alpana was lying dead in the bedroom of (Ganapati Sardar. There were sharp cutting injuries on the neck of Alpana. A blood-stained tangi was found in the room. Subhas reported this matter to Dhirendranath Pradhan, the local gram Pradhan and to other villagers. They came and found the dead-body of alpana in the bedroom of Ganapati Sardar. Ganapati was absent from the house. These neighbours heard from the mother and brother of Ganapati that ganapati slept on the previous night in the same room with Alpana and the children. Under the instruction of Subhas, Dhirendranath Pradhan wrote out a petition and it was submitted at 8. 35 a. m. before S. I. , P. N. Mitra of Kaichar outpost who forwarded it through N. V. F. Hyder Ali so as to reach Mangolkote police Station at 4. 10 p. m. It led to the initiation of Mangolkote P. S. Case No. 10 dated 15. 9. 86 under Section 302 I. P. C. against the present appellant. In the First Information Report, Subhas Sardar, the brother of the appellant, gave out that his sister-in-law was pregnant for about four months and for that reason his sister-in-law had been repeatedly beaten up by his elder brother Ganapati and she was asked to leave the house. The previous night at about 9 p. m. after taking the night meal. she slept in her room in the usual course. He did not know what really happened among his elder brother and his sister-in-law. It was his doubt that his elder brother made a plan to kill his sister-in-law previously because every night, there used to be light in their room but on the previous night, there was no light. The elder brother killed his sister-in-law with the help of a sharp tangi and thereafter he fled away.

(3.) AN inquest was held at 10-35 a. m. over the deadbody by S. I. P. N. Mitra attached to the I. C. Kaichar Out post who had his camp at Chaityanapur which continued till 11-45 a. m. In the inquest the dead body of Alpana was identified by Subhas, the brother of the present appellant. The deceased was found lying on a coarse mat made of palm leaves spread cm the floor in the room (east facing ). The deceased was leaning towards the right side with her head pointing towards the south-east corner. The deceased's mouth was open and the teeth on the upper jaw was invisible. The deceased had no clothings on her person. The two eyes were open. Injuries of a serious nature were visible near the shoulder of the deceased's right arm, neck and left side of the neck near the collarbone. An injury stretching upto the wind pipe of the deceased's throat was found inflicted by a sharp cutting weapon which brought a major portion of the flesh inside the threat to the view. The portion of the deceased's body from the neck to the breast was found smeared with blood. The deceased was found clad in an old, torn, used yellow coloured petticoat. It came to be known that the deceased had been pregnant for about four months. There was a slashing injury near the left side of the chin. This injury had been inflicted by a sharp cutting weapon. He sent the dead body to the morgue through constable Dibakar Biswas for Post Mortem Examination. He drew up a sketch map of the place where he found the dead body. He seized the tangi with bamboo handle which allegedly contained human blood which was found just by the side of the dead body in the room. He seized the wearing apparels of the deceased under a seizure list. He also seized one matress, one blood-stained saree and bedding under a seizure list. He examined Subhas Sardar, Smt. Rajeswari Sardar, the mother of Subhas and the present appellant, Smt. Sunity Sardar, Ashoke Sardar, Rakhit Ghosh, Dhirendranath Pradhan and sailendra, Mukherjee under Section 161 Cr. P. C. He resumed investigation on 16. 9. 86 and on that day he also searched for the present appellant but did not get any trace of him. He sent the alamats to Forensic State Laboratory through the Sub-Divisional Judicial Magistrate on 23. 9. 86. On 24th September, 1986 he arrested the present appellant from his house at about 12. 45 p. m. and forwarded the appellant to the court on the following day. He submitted a prayer before the learned Sub-Divisional Judicial Magistrate for recording the statement of the appellant under Section 164 Cr. P. C. He collected the post mortem report and handed over the charge of the investigation of the case to the Officer- in- Charge Mangolkote P. S. on his transfer on 8. 8. 88 from the police Station.