DIPANKAR MONDAL Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) The subject appeal is directed against judgment and order of conviction dtd. 7/10/2015 and 8/10/2015 passed by the learned Additional Sessions Judge, 5th Court, Barasat, North 24- Parganas in Sessions Trial No. 7/15 arising out of Sessions Case No. 4(12)14. The appellant was convicted under Sec. 498A of the IPC for 2 years and life imprisonment under Sec. 302 of the IPC.

(2.) The prosecution case in brief is that on 22/5/2014, in the very early hours, the appellant was found by his neighbour Sujan Biswas, PW-3 assaulting his wife in a drunken condition. Upon intervening, Sujan and PW-4 Narayan Roy were abused by the appellant and asked not to interfere in his family affairs. On seeing the victim badly assaulted, PW-3 is told the appellant to take her to the hospital. The appellant took the victim, i.e., his wife to the Habra State General Hospital. She was treated thereat by one Dr. Samir Mondal, who wrote on the injury report that the patient had a history of fall. The report also indicated that there were several injuries on the body of the victim and she was brought dead.

(3.) The appellant returned to his house. Upon hearing the cries of a two-month old child of the appellant, the neighbour PW-3 enquired as to why the child was crying and where the victim was. He was informed by the appellant that the victim had died. The appellant tried to flee and was restrained by local residents. PW informed the local P.S. immediately. He thereafter lodged a formal complaint at about 9.25 a.m. the morning with the Habra P.S. which registered FIR being No. 399 dtd. 22/5/2014 under Ss. 498A and 302 of the IPC. The appellant was named as the sole accused. Prior thereto UD case being No. 109 of 2014 was registered on the same day, i.e., 22/5/2014 by PW-10, Tilak Sanyal at the Habra P.S. Against UD case, one PW-9, Mir Alauddin is stated to have conducted the first inquest where PW-3 and PW-4 had signed as witnesses. The police arrived at the P.O. in the morning around 8.00 a.m. and remained thereat till 2.00 p.m. in the afternoon.