SUBODH CHANDRA SINGHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and sentence recorded by the Additional Sessions Judge, 1st Court, Barikura in Sessions Case No. 7 of July, 1988 corresponding to Sessions Trial No. 1 of March, 1990, convicting the appellants herein under Section 302/34 of the I.P.C. and sentencing each of them to suffer R.I. for life.

(2.) One Ramkrishna Singha lodged complaint with Raipur P.S. alleging that he married Amala Rani Singha, (widow), the eldest daughter of Tarit Kanti Singha on 7-2-1986 at Mahamaya Mandir at Raipur in presence of priest and other witnesses. The marriage was held on consent of both the parties. On the next day i.e. on 8-2-1986 in the morning he and his wife came to the house at Chuagara and in the afternoon the brothers of his wife namely Shyamsunder Sinha, Subodh Chandra Singha and Subul Chandra Singha sons of Tarit Kanti Singha of Chuagara came and uttering abusive words, threatened to kill them. In this connection, he lodged a diary with the Raipur P.S. on the next day i.e. 9-2-86. On 11 -2-86 at about 10 a.m. his wife went to Kangsabati Canal on the Southern side of his house for having her bath. At that time the informant was standing in the eastern side of his house and was talking to Bharat Chandra Mahato. After some time an alarm was raised and from some distance he saw that his wife Amala Rani was lying on the field of Harihar Singha situated in the Southern bank of Kangsabati canal and further saw that Sandhya and Dipali caught hold of Amala Rani. Subodh was armed with an axe. Shyamsunder was armed with lathi and Subul had a chopper in his hand. Subodh, Shyamsundar and Subul assaulted Amala with the weapons held by them. On being assaulted Amala became restless lying on the ground and then expired. After lodging of the F.I.R. the investigation was started and after completion of investigation the charge-sheet was submitted under Section 302/34 of the I.P.C.

(3.) The learned trial Judge upon consideration of the materials on record framed charge under Section 302/34 of the I.P.C. against the appellants herein to which they pleaded not guilty and claimed trial. In the trial the prosecution examined as many as 17 witnesses including the informant, some witnesses of the neighbourhood, the Autopsy Surgeon and the I.O. After completion of trial the learned trial Judge passed the impugned judgment of conviction and sentence.