LANKESWAR SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Appeal is directed against judgement and order dated 17.3.2004 passed by learned Additional Sessions Judge, 2nd Fast Track Court, Cooch Behar in Sessions Case No.228 of 2000 arising out of Sessions Trial No. 4(8) of 2003 convicting the appellant for commission of offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs.5,000/-, and in default to suffer simple imprisonment for one year more.

(2.) The prosecution case, as alleged, against the appellant, is to the effect that the appellant was married to the victim Parbati on 29th Falgoon 1405 B. S. and they were residing together as husband and wife. On 14.07.1999 at about 7.30 to 8.00 a.m. the defacto complainant Basanta Adhikari was informed that her daughter, Parbati had been assaulted by the appellant with an axe. Hearing such information he came to the matrimonial home of Parbati and found that his daughter was lying with sharp cutting injury on her neck and (profusely) bleeding.

(3.) Local people apprehended the appellant and on questioning the latter confessed that on 14.07.1999 at about 7.00 a.m. he had an altercation with his wife and had struck her with an axe from behind. On the written complaint of Basanta Adhikari, P.W.1 First Information Report being Tufanganj Police Station Case No.91 Dated 19.7.1999 under Section 302/201 of the Indian Penal Code was registered for investigation.