TARAPADA BAURI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Criminal Appeal No. 370 of 1979 arises out of Sessions Trial No. 20 of 1979 (Sessions Case No. 275 of 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 rigorous 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 BalIri, was charged under section 302 of I.P.C. for murdering his wife Sefali BalIri sometime in between 6th January and 8th January, 1977 (22 P0 us to 24th Pous, 1339 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 bad been committed.

(3.) The prosecution case, in brief, is as follows: From the morning of 7-1-77, sefali BalIri; wife of the accused was found missing from the accuseds house at Ajhapur, P.S. Jatrialpur. 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.L.) alongwith 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 recognised by P.W.). The accused is the younger full brother of P.W. 1. Thereafter, P.W. 1 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. IS dated 9-1-77 was started P.W.18 S.1. N.C. Das, the investigating officer in this case thereafter took )1P investigation and, visited Bhinchikurer MathT along with P.W. 1, Tarapada Bauri Vs. State IMPORTANT POINT Conviction based on retracted confession without corroboration is not illegal. held an inquest over the ,dead body, seized some alamats near the body, as well as some bloodstained 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 12-1-1977 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 him from the bed of Gopal Dighi tank, Ajhapur in presence of witness. A confessional statement of the accused under section 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 seized some wearing apparels of the accused, other alamats and also obtained his nail cuttings. 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.