STATE OF WEST BENGAL Vs. NABAN

JUDGEMENT

(1.) Appellant was convicted for murdering of his wife and sentenced to death and to pay a fine of Rs.10,000.00, in default, to suffer imprisonment for three months.

(2.) Being aggrieved by the aforesaid judgment and order, he has preferred the instant appeal. Reference has also been made to confirm the death sentence.

(3.) Prosecution case as levelled against the appellant is to the effect that he had married Namita Hazra thirty years ago. They had two sons viz., Palash and Kalosona aged about 26 and 24 years respectively. On 30/6/2007 at about 9.00 A.M. appellant had gone to the market. He returned around 10.30 A.M. with a boy viz., Bikash Das (PW3) of Bhagason village. Appellant handed over a table fan to him. After Bikash left, a quarrel ensued between appellant and Namita over the issue of giving the table fan to Bikash. Incidentally, a day before Bimal Ghosh, brother of Namita had come to her matrimonial home. He pacified the couple. Namita went upstairs while the appellant started watching television with his brother-in-law, Bimal. Around 11.10 A.M. appellant went upstairs. A few minutes later, Bimal heard the sound of a table fan falling. He rushed upstairs and found his sister lying with bleeding injuries on the bed. Appellant was standing with a bogida (Scimitar) in his hand. He was wearing only an under pant and had blood stains on his body. Bimal raised hue and cry. Appellant fled away from there. Bimal chased him but realising his sister was in precarious condition went upstairs. Unfortunately, his sister had died. After some time, Palash, elder son of the couple returned home. Then Bimal went to the police station and lodged first information report resulting in registration of Monteswar Police Station Case No.51 of 2007 dtd. 30/6/2007 under Sec. 302 of the Indian Penal Code.