RAJIV KUMAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appellant has assailed judgment and order dtd. 5/12/2017 and 6/12/2017 passed by learned Additional Sessions Judge, Fast Track Court, Siliguri, District-Darjeeling in Sessions Trial No. 15 of 2013 arising out of Sessions Case No. 22(2) of 2013 convicting the appellant for commission of offence punishable under Ss. 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay fine of Rs.10,000.00, in default, to suffer simple imprisonment for six months more.

(2.) Prosecution case levelled against the appellant is as follows:-

(3.) At 10.00 PM on 24/10/2012, the family members of the appellant had gone to sleep. Around 3.00 A.M. hearing cries of their father, Tanushka Kumari (PW1) and her sister Sirin woke up. They found their mother was lying dead on the bed. Her throat had been cut open. Appellant had also cut his hand and was standing with a knife. The domestic help-Rohit snatched away the knife from the hand of the appellant. Tanushka informed her relations over phone. Local people and police assembled at the spot. They removed the appellant and his wife to hospital. At the hospital his wife was declared dead.