BANCHIT GULI MAJHI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant in these two appeals has assailed the judgment and order of conviction under Section 302 of the I.P.C. passed by the learned Additional Sessions Judge, 1st Court, Bankura in Sessions Trial No. 3(8)94 [Sessions Case No. 6(2)93] by which he was sentenced to suffer imprisonment for life and to pay a fine of Rs. 1,000/- in default to suffer R.I. for one year. The appeal being CRA No. 189 of 1999 was preferred by him from jail through the Superintendent of the concerned Correctional Home where he was lodged at the relevant time of preferring the appeal, and subsequently by engaging Advocate he has preferred the other appeal being CRA No. 394 of 1999. In fact, these two appeals preferred by the same appellant are directed against the same judgment and order of conviction.

(2.) The prosecution case, in short, is that on 14.9.1987 at 2.30 P.M. Sasanka Sekhar Guli Majhi came to the informant Baidyanath Guli Majhi (P.W. 1) and informed him that at about 2 P.M. his youngest daughter-in-law Smt. Menoka Guli Majhi (P.W. 4) disclosed to him that on the said day at morning the hen of his second son Nalini Kanta Guli Majhi (P.W. 2) damaged the paddy of his youngest son Banchit Guli Majhi (appellant), and it resulted into a tussle between Gitarani, the second daughter-in-law of Sasanka Guli Majhi and appellant, and thereafter, the appellant murdered his second daughter- in-law Gitarani and fled away. Alter hearing about the incident Sasanka Guli Majhi visited the room of his second son and found that his second daughter-in- law was lying dead on the floor of the room. He found injuries caused by sharp weapon on her head and over her left eye and he further found that her neck was tied with one old brown coloured napkin of the appellant and her two legs were tied with one old black check lungi also of the appellant. Sasanka Guli Majhi after coming out of room of his second son did not find the appellant and his wife Menoka Guli Majhi. P.W. 1 after hearing the incident from Sasanka Guli Majhi came to the room of P.W. 2 and found the dead body of Gitarani lying on the floor of the room and also noticed the injury on her head, on the side of her eye and the napkin and the lungi of the appellant which were found tied on the neck and leg of the deceased. P.W. 1 thereafter submitted the written complaint/FIR (ext. 4) before the Simlapal P.S. and on the basis of it Simlapal P.S. Case No. 3 dated 14.9.87 under Section 302/34 of I.P.C. was started against the appellant and his wife Menoka Guli Majhi (P.W. 4).

(3.) During investigation, the Investigating Officer (in short I.O.) (P.W. 11) seized one 'katari' stained with blood from the house of the appellant and sent the wife of the appellant to the Court of the learned Magistrate for recording her statement under Section 164 of the Cr. P. C. and she was made a witness of this case. After completing investigation the I.O. submitted charge- sheet against the appellant under Section 302 of the I.P.C. The trial that followed ended in conviction and sentence of the appellant as mentioned above.