ARUN DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 9th December, 1998 passed by the learned Additional Sessions Judge, Contai, Midnapore whereby the learned Additional Sessions Judge had convicted the accused/appellant under section 302 IPC in connection with Session Trial Case No. XXX/January/1994 arising out of G.R. Case No. 674/90.

(2.) A grisly murder on the sea beach of Digha had taken the life of a young house-wife on September 5, 1990. The unfortunate victim was Minati, aged 22. The killer was her own husband, Arun Das, the accused-convict, aged 26. The manner was brutal and beastly- the husband slit the throat of his wife resulting in profuse bleeding. She died of her injuries the same day at the local hospital. The time was 5 p.m. when the couple were seated under the Jhaw tree with their baby in the beaches of Digha. At that time there were some fishermen around. One woman who was walking on the beach reported to one witness (PW 1) that the accused was about to kill his wife at the said place. Witnesses rushed to the spot and it was seen that the wife was runnig towards the road with her throat slit and profusely bleeding. The accused Arun Das was seen running away with the child along the sea beach. The accused was nabbed and the blood stained razor was recovered from the stitched fold of his trouser. The accused also made a confession before the witnesses that he had killed his wife. Police came, seized the razor and other blood stained things and prepared a seizure list, the accused was arrested. The victim, that is the wife, was rushed to the local hospital in a van-rickshaw and she succumbed to her injury at the hospital. On 6.9.90 the Police made an inquest on the dead body of the victim. The post-mortem examination on the dead body of the victim was made on 6.9.90 by the doctor (PW 12) and according to him death was due to severe haemorrhage from the wound, anti-mortem and homicidal in nature. On the basis of written complaint by one of the witnesses (PW 1) formal FIR was drawn up by the Police being Digha P.S. Case No. 29/90 on 5.9.90. After investigation charge sheet was submitted and the case was committed to the Court of Sessions. Charge was framed against the accused person under section 302 IPC. The accused Arun Das pleaded not guilty and claimed to be tried. This is the summary of the prosecution case.

(3.) The defence of the accused Arun Das is one of innocence and false charge. According to the accused he had travelled to Digha with his wife who wearing gold ornaments and they were roaming about at the sea sight when his wife told him to fetch some food. He obliged and went to bring the food from a place which was about 15/20 minutes walk from there and when he retuned to the place where he sat with his wife and child, he saw that his child was crying and his wife was lying there with her throat cut. The accused maintains that his wife was killed by some miscreants and not by him.