SAFIKUL ISLAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been filed against the judgment and order of conviction dated 29th May, 2001 and sentence dated 30th May, 2001 passed by the Additional Sessions Judge, Jangipur, Murshidabad in Sessions Trial No. 4 of March, 2001 arising out of Sessions Case No. 19/2001 under Section 302 IPC whereby the appellant was directed to suffer R.I. for life and to pay a fine of Rs. 1,000/- i.d. to suffer R.I. for three months more.

(2.) The case of the prosecution is that on 5th July, 2000 Marina Bibi alias Kabi Bibi wife of the appellant was found missing from her paternal house. On search by the inmates of the house she was found dead in the mango garden in a pool of blood. A written complaint was filed by Abu Sk. and P.S. Case No. 80/2000 dated 6.7.2000 was initiated against unknown person. At the time of investigation the complicity of the appellant transpired and on completion of investigation charge sheet was submitted before the Sub-Divisional Judicial Magistrate, Jangipur under Section 302 IPC against the appellant. Thereafter the case was committed to the Court of Sessions Judge, Murshidabad and later transferred to the Additional Sessions Judge, Jangipur for disposal. The case was registered as Sessions Serial Case No. 19/2001. Charge under Section 302 IPC was framed against the appellant. The same was read over and explained to the appellant who pleaded "not guilty" and claimed to be tried.

(3.) On behalf of the prosecution 11 witnesses were examined and none was examined by the defence. The appellant was examined under Section 313 CrPC. Certain documents were also taken on record as exhibits. On consideration of the documents so also the evidence the Court below passed the order of conviction and sentence. Hence this appeal.