MD KAMAL Vs. STATE

JUDGEMENT

(1.) The hearing stems from an appeal preferred against the judgement and order of conviction and sentence passed by the Id. Sessions Judge, 2nd Bench, City Sessions Court, Calcutta in S.C. No. 11/1989 [S.T. 2(11)/89] on 11.5.1990.

(2.) The miniaturized version of the prosecution is that the victim Saura Bibi who used to reside at the western side footpath of Chittaranjan Avenue in front of 161, C.R. Avenue with the de facto complainant Rehana Khatun and others, left that place after marrying Maju about 4/5 years back but she used to visit there twice/ thrice in a month. On 14.8.1987 at about 12.00 hrs. while the said Saura Bibi was gossiping with the de facto complainant, Hasina, Sukia and Mehera sitting on the footpath near 161, C.R. Avenue, Md. Kamal, the accused, who unsuccessfully tried to establish an illicit relation with Saura, suddenly appeared there, stood behind Saura and after taking out a razor from the pocket of his trouser held Saura by hairs with his left hand and after cutting her throat with the said razor, fled away. Saura on pressing her hand on the throat ran towards north but fell down near Netaji Park. She was removed in a taxi to Medical College and Hospital where she was declared dead. Hence, accused Md. Kamal was charged under section 302 I.P.C.

(3.) The defence case, as suggested to P.Ws. and as spelt out from the trend of questions put to D.Ws. 2 & 3, is that no such incident took place. The accused was in Lalbazar Police Lock-up at the relevant time and he has been falsely implicated in this case.