TARAPADA BAURI Vs. STATE

JUDGEMENT

(1.) Criminal Appeal No. 370 of 1979 arise out of sessions Trial No. 20 of 1979 (Sessions Case No. 275/1977) held by the Learned Additional Sessions Judge, 3rd Court, Burdwan. In the said trial, the appellant was found guilty of the offence under Section 302 of I.P.C. and sentenced to imprisonment for life, and also to sentence of a fine of Rs. 200/-, in default, to original imprisonment for six months. He was also convicted under Section 201 I.P.C. and sentenced to rigorous imprisonment for seven years and also to a fine of Rs. 200/-, in default, rigorous imprisonment for six months. Both the sentences were ordered to run concurrently.

(2.) The accused, Tarapada Bauri, was charged under section 302 of I.P.C. For murdering his wife Scfali Bauri sometime in between 6th January and 8th January 1977 (22nd Pous to 24th Opus, 1383 B.S.) at Ajhapur, District Burdwan. He was also charged under Section 201 I.P.C. for causing evidence of the said offence to disappear, by concealing the dead body of his wife with shrubs and also concealing a 'Katari' within the mud and water of an irrigation channel, at Ajhapur, during the period mentioned hereinbefore, with the intention of screening himself from legal punishment, knowing that the murder of his wife had been committed.

(3.) The prosecution case, in brief, is as follows: - From the morning of 7.1.77, Sefali Bauri, wife of the accused was found missing from the accuser's house at Ajhapur, P.S. Jamalpur. In the evening of 8.1.77. some of the local cowherd boys detected some marks of blood, broken churis and some other articles besides a raised portion of the ground covered with leaves of parbles and wild creepers at a field known as "Bhinchikurer Math", within Ajhapur, which they reported to the villagers. On 9.1.77 the informant in this case, Narayan bauri (P.W.I) along with the Chowkidar and other villagers went to the said place, which was then dug up and the body of Sefali, his sister-in-law was recognized by P.W.I. The accused is the younger full brother of P.W.I. along with the Chowkidar went to the Jamalpur police Station and lodged the First Information Report in this case (Ext.9/1). Thereafter, on the basis of the said F.I.R., after drawing up of the formal F.I.R. (Ext.9) the present case being Jamalpur P.S. Case NO. 15 dated 9.1.77 was started. P.W. 18-S.I. N. C. Das, the investigating officer in this case thereafter took up investigation and visited " Bhinchikurer Math" along with P.W.I., held an inquest over the dead body, seized some alarmist near the body, as well as some blood-strained earth with control and sent the dead body for post-mortem examination. He prepared a sketch map of the locale with index (Ext. 10) and requisitioned the service of a Photographer. He examined a number of witnesses. The accused was arrested on 12.1.77 by P.W. 15, by S.I. Satya Ghosh Hazra, the Officer-in-charge Jamalpur P.S., at about 2.20 A.M. at Kasirampur. On the statement of the accused, and led by the accused a Katari was produced by the accused being recovered by from the bed of Gopal Dighi tank, Ajhapur in presence of witness. A confessional statement of the accused under Sectopm 164 Cr.P.C. (Ext.6) Was recorded by P.W.17, the learned S.D.J.M., Burdwan on 13.1.77. P.W. 18 in course of investigation sized some wearing apparels of the accused, other alamedas and also obtained his nail cutting. The seized articles were sent to Forensic Science Laboratory for chemical examination. On completion of investigation a charge sheet was submitted on 25.8.77 against the present accused.