BABLU @ KUBED ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been filed from the judgment and order of conviction and sentence dated 26th February, 2003 and 27th February, 2003, passed by the Additional Sessions Judge, 2nd Court, Hooghly in Session Trial No.5 (4) of 2001 arising out of Sessions Case No.211 of 1998 whereby and where under the accused appellant was convicted under Section 302 I.P.C. and sentenced to suffer imprisonment for life.

(2.) The case of the prosecution is that the incident occurred on 20th May, 1995 at about 23.30 hours and on 21st May, 1995 at about 9.45 hours an F.I.R. was filed and Jangipara P.S. Case No.44 of 1995 was initiated and investigation undertaken. The inquest was made and report submitted. Thereafter the body of the victim was sent for postmortem purpose under a challan through P.W.12 constable. Postmortem was conducted and report submitted.

(3.) From the F.I.R. filed by the father of the victim it will appear that the accused appellant killed the victim and a confession in this regard was made by him when the accused appellant was brought down from the loft (machan). The reason for committing such act also finds mention in the F.I.R. In his evidence P.W.1, the F.I.R. maker, father of the victim, has categorically stated that it was P.W.6, who brought down the accused appellant from the 'machan' and this too while being cross-examined. It is also the evidence of P.W.1 that the dead body of the victim was found inside the house. P.W.1 was present when the accused appellant made his confession is also borne out from the evidence of P.W.1. That quarrel took place between the accused appellant and the victim is also borne out from the evidence of P.W.1, which resulted in 'talaq' being given by the accused appellant to the victim. This incident of talaq took place in the month of 'Pous' in the Bengali year 1401. It was after talaq during the period of iddat when the victim was living in the house of the accused appellant because of a salishi (arbitration) reached, that the death of the victim took place in the house of the accused appellant.