MABUD MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is at the instance of Mabud Mondal and directed against the judgement and order dated 28.4.2008 and 29.4.2008 passed by learned Additional Sessions Judge, Fast Track Court no. 3, Paschim Midnapore in Sessions Trial No. II/December/2005 arising out of Kotuyali P.S. Case no. 64 of 2005 thereby convicting the appellant Mabud Mondal under Section 302 of IPC and sentencing him to suffer R.I. for life and to pay a fine of Rs. 2000/-

(2.) Appellant Mabud Mondal had two wives, Alezan Bibi and Saleha Bibi. Alezan Bibi, the first wife had been living in a room with her two sons while Saleha Bibi had been living in a separate room with the appellant Mabud.

(3.) There is no denial to the fact that death of Alezan was anti mortem and homicidal in nature. Her neck was slashed by a sharp cutting weapon and that was the cause of her death. There is no denial also to the fact that the alleged incident was not witnessed by any third person. The case is, to great extent, based on circumstantial evidence.