BHIM DAS ALIAS BHIM CHANDRA DAS Vs. STATE

JUDGEMENT

(1.) This Appeal is directed by the accused-appellant, Bhim Das (hereinafter referred to as accused) against the judgment and order of conviction and sentence dated 15.7.89 passed by the Learned Additional Sessions Judge? 14th Court at Alipore, 24-Parganas (South), in S. T. No. 2(4)/87 before him.

(2.) The accused stood charged before the Trial Court for having allegedly committed an offence punishable under Section 302 Indian Penal Code (hereinafter shortened into I.P.C.) for committing murder by intentionally causing the death of his wife Kamala Das on 23rd June, 1982 at the house of Surendra Nath Das, village-Haripur, within P.S. Namkhana, on the allegations made in the F.I.R.

(3.) It is alleged that on 23rd June, 1982 at about 12.30/13.00 hours the accused had picked up a quarrel with his wife Kamala Das and had kicked on her abdomen and also assaulted her mercilessly causing injuries all over her body with a wooden stick (bata) as a result of which she had fallen down on the ground and started groaning. His mother Bhagabati Das had tried to come to her rescue; but failed to do so. Two/three minutes thereafter, Kamala succumbed to her injuries, whereupon the said Bhagabati had raised a hue and cry, as a result of which many villagers had rushed to the spot. The accused Bhim told them that the victim Kamala committed suicide by hanging, and he had pulled her down from the bamboo beam of their house. But his mother told them that Bhim had murdered her. The accused had, accordingly, faced trial before the court below on the aforesaid charge, to which he had pleaded not guilty, and claimed to be tried.