AJOY MUDI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Appellant, in the present Appeal, has assailed the Impugned Judgment and Order of conviction dtd. 14/9/2017 and 15/9/2017 passed by the Additional Sessions Judge, 2nd Court, Asansol, Burdwan in Sessions Trial No. 08 of 2016 arising out of Sessions Case No. 117 of 2015 convicting the Appellant for commission of offence under Sec. 302 of the Indian Penal Code (IPC) and sentencing him to suffer rigorous imprisonment for life with fine of Rs.5000.00, in default, to suffer further rigorous imprisonment for three months.

(2.) Prosecution case levelled against the Appellant was that on 22/1/2015, at about 8.00 a.m., the complainant, Manoj Kumar Burnwal (brother of the deceased) was informed by the Appellant (husband of the deceased) about the death of Smt. Prabha Devi (deceased). After receiving the said information, the Complainant along with Mr. Sanjay Kumar Burnwal (the other brother of the deceased) rushed to the matrimonial home of the deceased and found that the body of their sister was lying on the floor of her room. No medical treatment was provided to the deceased by the Appellant or his family. The Complainant and his brother took the deceased to Kelejhora Health Centre where she was declared dead.

(3.) The Complainant lodged a written complaint at Baraboni PS on 23/1/2015 at about 00:35 hours and accordingly Baraboni PC case No.11/15 dtd. 23/1/2015 u/s 498A/302/34 IPC was lodged against Ajoy Mudi @ Mithu (Appellant herein and the husband of the deceased), Bijoy Mudi @ Karu (brother-in-law of the deceased) and Suman Mudi (sister-in-law of the deceased).