DULAL NAYEK Vs. STATE

JUDGEMENT

(1.) This is an appeal from the judgment and order of conviction passed by Shri D. Banerjee, Sessions Judge, Midnapore under S.302, I.P.C. in Sessions Trial Case No. XVI of April, 1983 sentencing the accused-appellant Dulal Nayek of village Phulpahari under Police Station - Kotwali to imprisonment for life.

(2.) On allegation that he had killed his wife, Bori Nayek by hitting her violently on her head twice with the wooden leg of a cot, the appellant stood his trial before the learned Sessions Judge who finding the prosecution case established against him beyond any reasonable doubt and disbelieving his plea of insanity has convicted and sentenced him in the manner stated above. Hence, this appeal.

(3.) It is urged from the side of the appellant that the prosecution case is false, that the witnesses are not reliable and that the learned Judge has convicted the appellant wrongly by relying upon the same. It is also urged that the learned Judge made a mistake by refusing to accept the appellant's plea of insanity.