IDRISH ANSARY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this appeal the judgement and order of sentence dated July 30, 2015 as passed by Learned Additional Sessions Judge, 3rd Court, Purulia in Sessions Trial No. 22 of 2014 arising out of Sessions Case no.40 of 2014 has been assailed. By the impugned judgement and order of sentence learned trial court found the present appellant guilty under Sec. 302 IPC and thus sentenced him to suffer imprisonment for life and to pay a fine of Rs.5000.00 in default to suffer simple imprisonment for six months more. The convict felt aggrieved and thus preferred the instant appeal.

(2.) For effective disposal of the instant appeal the facts leading to initiation of the aforesaid trial is required to be dealt with in a nutshell.

(3.) One Sk. Manir, son of Idrish Ansary of Anara Bungalow Side Railway Quarter (Quarter no.E/124/A) lodged a written complaint dtd. 17/12/2001 with the O/C of Para Police Station stating, inter alia, that on the self same day i.e. on 17/12/2001 at about 9:30 p.m. he went to the quarter of one Zakir Hossain (a neighbour of the de facto complainant). It is his further version that at about 11p.m. he was called by his inmates and when he came out from the quarter of his said neighbour he noticed that his father Idrish Ansary, the appellant herein was standing there in a perplexed condition and at that time his father disclosed to him that he had murdered his daughter, Afsana Khatun by strangulating her by using a rope. It was his further version that immediately thereafter he rushed to his quarter and found his sister Afsana Khatun was lying dead on the cot and at that time blood was oozing from her mouth and the de facto complainant also noticed a rope around her neck. It is the further version of the de facto complainant that after taking information he came to learn that a nylon rope which was fixed on the backside of the verandah of their quarter for drying clothes was used as a weapon of offence. The de facto complainant further disclosed that on being asked his father, Idrish Ansary disclosed that his daughter Afsana used to go outside in the night in a suspicious manner and inspite of all his efforts he failed to rectify his said daughter and thus he punished his said daughter by murdering her by way of strangulation by a rope. It was further averred by the de facto complainant in his said written complaint that thereafter his father disclosed to him that he would be going to Anara Police Station for surrendering himself.