DEBDAS GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS is a Death Reference-cum-appeal arising out of a judgment dated 18th October, 2006, convicting the accused under section 302 of the Indian Penal Code, and a further order dated 27th October, 2006, by which the accused was sentenced to death directing that he should be hanged by the neck till his death.

(2.) THE prosecution case briefly stated is as follows: on 27th June, 2005, at about 3 p. m. the accused, Debdas Ghosh, entered into the tenanted house of Kumari Tapati Mondal. He assaulted her on the head four or five times with a hammer with an object to kill her. She suffered bleeding injury. She was admitted to Kharika Mathani Prathamik Hospital. Since her condition was critical, she was shifted to Midnapur Medical College hospital where she died at 7. 30 in the morning on 28th June, 2005. The accused was charged under section 302 and section 448 of the Indian Penal Code. The accused pleaded not guilty and claimed to be tried.

(3.) THE prosecution has examined 14 witnesses. No witness was examined on behalf of the defence. From the evidence of Smt. Reba Mondal, the mother of the deceased (P. W. 5), it appears that the accused, Debdas Ghosh, proposed to marry the victim, Kumari Tapati Mondal. The proposal was, however, rejected by the father of the victim. P. W. 9, the father of the victim, corroborated the evidence of P. W. 5. He in his cross-examination deposed that his daughter had told him that she did not love the accused. She also told him that the accused had threatened her of dire consequence should she refuse to marry the accused.