SERAJUL SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been preferred by Serajul Sk. challenging his order of conviction and sentence under section 302 of the IPC by the learned Additional District and Sessions Judge, Fast Track Court, Rampurhat in the district of Birbhum in connection with Sessions Trial No. (XI)/January/2003 corresponding to Sessions Case No.43 of 2001.

(2.) The prosecution allegation against the appellant was that on 2.6.1998 at about 9 a.m. at village Bhagail under P.S. Murarai in the district of Birbhum, appellant Serajul entering into the house oi his wife Margina, killed Margina by throttling and thereafter fled away.

(3.) Intu, the minor son of Serajul and Margina witnessing his father to kill his mother by throttling and thereafter to flee away, called the neighbouring people and one Abu Ahamed Mondal after getting details of the occurrence from Intu and one Aulia Bibi of the village lodged written complaint at the Murarai P.S. against Serajul for commission of murder of his wife Margina.