TUNU MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE accused Tunu Mondal, son of Lakshi mondal was charged under section 302 of the Indian Penal Code for intentionally committing murder of his wife Shrirnati Sima Devi by inflicting injury with a spade and a crowbar on 28th July, 1992 at about 23. 00 hours. The learned Trial judge found the charge to have been duly proved beyond reasonable doubt. He sentenced, the accused to undergo life imprisonment as also to pay a fine of rs. 2,000/- and in default to suffer further rigorous imprisonment of one month, by his judgment and order dated 15th December, 1999. The convict has now come up in appeal.

(2.) THE accused, the records reveal, was brought under arrest on 30thjuly, 1992. He was granted bail by an order dated 4th November, 1992. Actual release order was issued on 9th November, 1992. Bail, granted earlier, was cancelled by an order dated 12th January, 1998 at the prayer of the sureties and the accused was taken into custody. The case was thereafter tried. The accused was convicted. He since then, is in jail.

(3.) THE case of the prosecution briefly stated is that on 28th July, 1992 at about 11 p. m. a quarrel cropped up between the husband and the wife. Their son Upendra, aged about 11 years at that point of time was sleeping in the room. Hearing the hue and cry he woke up and saw his father Tunu strike his mother with a spade. Sima fell down. His son Upendra snatched the spade from his father's hand. Tunu took up a sharp crowbar and struck repeatedly on the back of his wife. Owing to the alarm raised by the son the villagers assembled; broke open the door of the room whereupon the accused fled. He was chased and caught near the colliery. When the victim was attended to she was found dead. The First Information Report was lodged at 6. 05 a. m. on 29th july, 1992.