MANGAL HEMBRAM Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal has been directed as against the judgment and order of conviction passed by the learned Additional Sessions Judge, 3rd Court, Paschim Medinipur, in Sessions Trial No. III/April/2004 which arose out of GR case No. 927 of 2003 (Goaltore P.S. case No. 49/2003) of the learned Sub -Divisional Judicial Magistrate, Sadar at Medinipur in which the learned Trial Court was pleased to convict the present appellant before us in respect of the charge punishable under Section 302 of the Indian Penal Code (hereinafter called as Code) for murdering his wife the first victim Durgamani and the said accused/appellant was also found guilty in respect of the charge punishable under Sections 307 and 326 of the Code and for attempting to commit the murder of the other victim Astam Hembram and also for causing grievous hurt to him by a dangerous or sharp cutting weapon. The appellant was sentenced to suffer life imprisonment and also directed to pay fine of rupees two thousand in default rigorous imprisonment for six months for the offence under Section 302 of the said Code and in addition to that the said accused was sentenced to undergo ten years rigorous imprisonment for the charge punishable under Sections 307/326 of the said Code and was further sentenced to pay fine of rupees two thousand in default to suffer rigorous imprisonment for six months in respect of those charges. It was further ordered that the sentences will run concurrently.

(2.) THE prosecution case at the time of trial can be stated thus that the present appellant and Durgamani were husband and wife, but their marital life was clouded as one extra marital relationship developed between Dugamani and Astam Hembram (PW 14) which was not naturally accepted by the appellant and that enraged him. The incident took place in the night of 25.06.2003 in between 19.30 hours and 22 hours near one "Tal Bagan" in the village where the victim, appellant and Astam used to reside that is village Dhobasole, within Goaltore police station. The crime came to light as the second victim of the case Astam survived the brutal attack on him by the appellant and allegedly by two other unknown persons.

(3.) THE dead body of Durgamani could be located on that "Tal Bagan" and one deep penetrating wound 2 1/2 X 11/2 X 41/2 (deep) was found on the back of the neck at the level of first and second cervical vertebrae, there was also another wound on the left palm 2" X 1" and the index finger of the said victim was found to be fractured. Inquest was conducted on the dead body of Durgamani, post mortem examination was also done, the sketch map was also prepared (Exhibit 15) and post mortem report was collected which was marked as exhibit 19 on consent under Section 294 Cr.P.C. The present appellant was arrested on 26.03.2003 and he made a statement before the investigating officer and a portion of that statement was marked as exhibit 14 under Section 27 of the Evidence Act. Pursuant to that statement the offending weapon was recovered as per seizure list dated 30.06.2003 (exhibit 7). The offending weapon was one Tangi (Axe) but the butt of that Tangi could not be located and only the metal portion was recovered from the place as mentioned in the seizure list as shown by the present appellant. Along with that weapon of offence one green colour napkin with marks of blood was also recovered. During the course of investigation other articles were seized like the wearing apparel of the victim. It may also be mentioned that as shown by the appellant some controlled earth was seized as per seizure list dated 30.06.2003. The I.O. of this case after investigation submitted charge -sheet against the accused for the offence punishable under Sections 302, 326 and 307 of the Code. The accused was committed to the Court of Sessions and Sessions Case No. 49 of 2003 was registered which was tried by the learned Additional District and Sessions Judge, 3rd Court, Paschim Medinipur as Sessions Trial No. III/April/2004.