DILIP BAIRAGI Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) In this appeal the judgment and order of conviction and sentence dated 21st February 2006 and 22nd February 2006 passed by the Additional Sessions Judge, 1st Court, Hooghly in Sessions Trial No. 24 of 2003 arising out of G.R. Case No. 187/1999 is under challenge. By the said judgment and order of conviction and sentence the appellant was convicted under Sec. 302 I.P.C. and directed to suffer imprisonment for life along with fine of Rs. 1000/ -, in default to suffer further imprisonment for six months.

(2.) The case of the prosecution is that the victim lady was married to the accused appellant for about 18 years. They had a 17 year old son, Santu (P.W.1). She along with the accused appellant was the owner of a half share in the residential house. She was desirous of selling a part of her share in the said house which resulted in a dispute between the accused appellant and the victim lady. On 25th March, 1999 at about 9:00 a.m. to 9:30 a.m. the victim lady and the accused appellant had an altercation over the bicycle and about 10:00 to 10:30 a.m. the victim lady was found dead. At 11:15 hours on the same day a telephonic call was received by the Officer -in -Charge, Chandannagore P.S. about the murder of a woman at Surerpukur, Bishoharitala, Chandannagore, Hooghly. The said information was recorded in a G.D. Book and immediately thereafter with the available force, the Officer -in -Charge left for the place of occurrence. On arrival an inquest was made and inquest report prepared. At the time of inquest the body of the victim lady was identified to be that of Kalyani Bairagi and fatal injuries were noted. Thereafter through constable C/2752 Dhananjoy Mondal the body of the victim lady was sent to the hospital for postmortem. Postmortem was conducted and a report prepared. On 25th March, 1999 at 11:35 hours a written complaint was handed by P.W.2 (brother) to Constable C/2752 Dhananjoy Mondal which was received by the Officer -in -Charge Chandannagore P.S. at the camp at Surerpukur, and the S.I. Chandannagore at 12:25 hours on 25th March, 1999, and on basis thereof Chandannagore P.S. Case No. 33/1999 was started under Sec. 302 I.P.C. Investigation started and on completion of investigation charge -sheet was submitted under Sec. 302 I.P.C. The case was committed to the Court of Sessions wherefrom it was transferred to the Additional Sessions Judge, 1st Court, Hooghly for disposal. Charge was framed under Sec. 302 I.P.C. and the same was read over and explained to the accused appellant who pleaded not guilty and claimed to be tried.

(3.) In all, prosecution examined 23 witnesses and exhibited documents. The defence did not adduce any evidence. On an appreciation of both oral and documentary evidence, the Trial Court passed the order of conviction and sentence. Being aggrieved by the said order this appeal has been filed and order sought.