KIRTICHAND BIDESHI GOPE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction by which the appellant was sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 2000/-, in default to suffer rigrous imprisonment for two years for the offence under section 302 of I. P. C. by the learned Sessions Judge, Purulia in Sessions Trial No. 1 of 1997 (Sessions Case No. 117 of 1996) and being aggrieved by and dissatisfied with the order of conviction and sentence the appellant has preferred the instant appeal.

(2.) The prosecution case, in short as it appears from materials on record is that, Ashari Gope (the deceased) aged about 14 years was married with the appellant Kirtichand @ Bideshi Gope in Jaistha 1401 B. S. Ashari Gope came to her father Ashutosh Gope's (P. W. 1) house in Sravan and she returned to her in-laws house in Ashwin. On 22.10.94 at morning P. W.1 received news of death of his daughter Ashari from Umesh Gope (P. W. 2) of Talmu village. Receiving the news P. W. 1 came to village Talmu accompanied by his son Manulal Gope (P. W.4), co-villager Banu Gope and others. P. W. 1 found his daughter Ashari lying dead on khatia inside her room and he noticed black marks i. e. ligature marks on her neck and froth from her nose. His son-in-law i.e. appellant Kirtichand @ Bideshi Gope was in the house at that time and on interrogation by P. W. 1, the appellant confessed his guilt and stated that, on 21.10.94 night at about 10,00 P. M. when he wanted to have sexual intercourse with his wife Ashari, she declined to have it for her ill health. There was altercation between them and the appellant fastened the neck of his wife Ashari with a muffler and pulled it strongly which resulted into death of Ashari Gope. Thereafter, the appellant tried to escape but he was detained with the help of men of Talmu village. P. W. 1 Ashutosh Gope presented the F. I. R. (Ext. 1) on 22. 10.94 at 11.25 hours to P. W. 12 Prabodh Patra at Talmu village and P. W. 12 forwarded the same to Joypur P. S. and the basis of it Joypur P. S. Case No. 63 dated 22.10.94 was started against the appellant under section 302 of I. P. C. for murdering his wife. After completing investigation chargesheet was submitted against the appellant and the trial which followed thereafter resulted into conviction of the appellant and hence this appeal.

(3.) Mr. Rashbehari Mahato being assisted by Sushil Mahato who were engaged by us as State defence for the appellant since this is a jail appeal, contended that, besides P. W. 1 no other witness stated about ligature mark on the neck of deceased. P. W. 2 Umesh Gope who accompanied P. W. 1 did not state about the alleged extra-judicial confession made by this appellant before P. W. 1 and others. Evidence of P. W. 2 reveals that the appellant came to his house at about 12.00 midnight and told him that his wife Ashari was lying dead inside the room. What the Investigating Officer (hereinafter called the I. O.) stated in his evidence regarding cause of death was not stated by any other witness and no other witness stated that there was altercation between this appellant and deceased regarding refusal of sexual intercourse.