JAHANGIR MALLICK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present criminal appeal arises out of a judgment of conviction dtd. 28/11/2016 and sentence dtd. 30/11/2016 passed by the learned Additional Sessions Judge-cum-Judge, Special Court, Chinsurah, Hooghly in Sessions Trial No. 02(09) of 2015 arising out of Sessions Case No. 98 of 2015 wherein the appellant was convicted under Sec. 302 of the Indian Penal Code for life.

(2.) The prosecution case is that on 15/3/2015 at about 8:00 P.M., the appellant came to the house of his mother-in-law, the victim (Bharati Mondal). An argument ensued between them as regards custody of the minor daughter of appellant who was residing with the victim. This led to a heated exchange. The appellant thereupon took out a knife and stabbed the victim, repeatedly on her neck and body. The victim also sustained an injury on her head.

(3.) At the relevant point of time PW-2, the granddaughter of the victim was studying inside the house. The conversation between the appellant and the victim took place initially outside the hut where the victim was sitting on the door way. The offence occurred inside the house after the appellant entered into the same following the victim.