KINU MD Vs. STATE OF W B

JUDGEMENT

(1.) The present appeal is directed against the Judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, 2nd Court, Balurghat, Dakshin Dinajpur in Sessions Case No. 22/1996 (Sessions Trial No. 12/1996) on 05.10.1996.

(2.) The miniaturized version of the prosecution is that on 28.05.1995 at about 2.00 a.m. accused Kinu Md. committed murder of his wife Hasen Banu by cutting her throat with a sharp-cutting weapon. On hearing a hue and cry the defacto complainant had been to the house of the accused and came to learn from his mother Rakhia Bewa (PW 2) that on hearing a restless sound from the adjacent room of her son Kinu while she went there, she found her daughter-in-law in throat-cut condition and on her query when the accused placed the sharp-cutting weapon on her chest, she caught the same with her left hand resulting in injury in her finger and the accused fled away leaving the said weapon. The accused made extra judicial statement before the members of the public. Hence, the accused was charged under sections 324/302 IPC.

(3.) The defence case, as suggested to PWs and as contended by the accused during his examination under section 313 Cr PC is that he was not involved with the alleged crime. On that night he was viewing a drama show in an auditorium. He did not make any extra judicial confession before the members of the public.