SRIKANTA GANTAIT Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appellant has assailed judgment and order dtd. 24/4/2018 and 25/4/2018 passed by the learned Additional Sessions Judge, 3 rd Court, Tamluk, Purba Medinipur convicting the appellant for commission of offence under Sec. 302/201 IPC and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs.20,000.00, in default, to suffer simple imprisonment for one year for the offence punishable under Sec. 302 IPC and to suffer rigorous imprisonment for seven years and to pay a fine of Rs.5,000.00, in default, to suffer simple imprisonment for three months more for the offence punishable under Sec. 201 IPC. Both the sentences shall run concurrently.

(2.) Prosecution case, as alleged against the appellant is to the effect that on 30/1/2010 around 11 p.m., the appellant brought his wife Bulti Gantait to Moyna BPHC. She was examined by Dr. Ashok Kr. Maity (PW8). Upon examination Dr. Maity found that Bulti had already died. He intimated the Officer-in-Charge Moyna PS resulting in registration of Moyna P.S UD case no. 4/10 dtd. 31/1/10.

(3.) SI Nirmal Kr Majhi, the then Officer-in-Charge, Moyna P.S handed over the investigation of the unnatural death case to SI P K Sarkar (PW 16). PW16 held inquest over the dead body. Magisterial inquest was held by PW11, the then BDO Moyna. Thereafter, body was sent for autopsy examination. PW 14 autopsy surgeon deposed he held post mortem examination over the body on 31/1/2010 and 1/2/2010. However, no post mortem report was submitted for three years. Finally, on 24/10/2013 post mortem report was received by post at the police station. Post mortem report revealed the victim housewife had died due to combined effects of smothering and neck compression, ante mortem and homicidal in nature.