SANTU ALIAS SANTANU GHOSH Vs. THE STATE

JUDGEMENT

(1.) The appellant accused was convicted and sentenced to the imprisonment for life on the charge under section 302, I.P.C. by Shri R.K. Ghatak, Additional Sessions Judge, 2nd Court, Bankura in Sessions Trial Case No. 3 of Sept., 1983.

(2.) Prosecution case in brief was that the accused Santu Ghosh of the village Jamuria, lived with Usha @ Khuki Mai of the same village as husband and wife although not formally married, in a separate house as his parents made him outcaste and drove him away from the paternal house, because Khuki belonged to lower caste. Accused Saritu Ghosh was living in his separate house near the house of his parents for about two years and a child was born to them. On 21st Pous of 1388 B.S. corresponding to 6th Jan., 1982, there was a cinema show at Durga Mandap of the village. At about 7-30 p.m, on that date Santu Ghosh went to the house of Khukhi's father and told Kanka, the brother of Khukhi that his sister was lying unconscious under the cycle in the house and he requested Kanka to go to his house as he was going to bring a doctor. Kanka's mother also heard this. Kanka being followed by his mother, Bhabani, went to the house of the accused Santu and found Khukhi lying dead in the pool of blood in the house but they did not see any cycle in the house. The mother of Khukhi took the 3 month's old baby from the room and cameback to the house. Kanka first went to one Bhaskar Babu and as per his advice he went to the Durga Mandap to report the matter to the Dafadar and Chowkidar. Kanka found Dafadar Rabinlochan and Chowkidar Sunil Bouri there. Kanka reported the matter to the Dafadar and expressed his belief that Santu had murdered Khuki. The Dafadar and the Chowkidar along with Kanka came to the house of Santu at about 8 p.m. and saw Khuki lying dead in a pool of blood inside the room. The dafadar told Kanka to go to Onda Police Station to report the matter but Kanka did not like to go in the night. The Dafadar and Chowkidar guarded the dead body in the night. Santu did return to his house. Next morning the Dafadar went to the Police Station and lodged the F.I.R. himself at about 9-15 a.m. The Police Officer came to the spot and took up the investigation. He held the inquest and sent the dead body post mortem examination. He seized some articles from the room where the dead body was lying but did not find any increminating weapon. He searched for the accused but did not find. He examined the witnesses. He tried to arrest the accused but he was not found. The accused surrendered before S.D.J.M. on 12.4.82. On completion of the investigation, the charge-sheet was submitted against the accused and on commitment, the accused stood charged under section 302, I.P.C. before the learned Additional Sessions Judge.

(3.) The defence was that the accused had been falsely implicated in this case. Further defence was that the inmates of the house of accused's father used to quarrel with Khuki for her living with Santu as wife and husband and that on the date of occurrence in the afternoon, Bhabani, one of the brothers of the accused had quarrel with Khuki and the defence suggestion was that Bhabani might have some hands in the murder of Khuki.