CHHEKTAR MIA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) This appeal is preferred by the accused (in jail) challenging the correctness of the order and the judgment of conviction dated September 23, 2013 and order of sentence dated September 24, 2013 passed by the learned Additional Sessions Judge, Mathabhanga, Cooch Behar, in Sessions Trial No. 1A(07) of 2012 arising out of Sessions Case No. 279 of 2011 convicting the appellant under Section 302 of the Indian Penal Code.

(3.) The facts which are culled out from record are that a written complaint dated September 24, 2010 was lodged by the defacto complainant, Jaynal Mia, brother of the deceased to the effect that he was a resident of Gitaldaha Maricha, P.O.- Baro Maricha, P.S.- Sitalkuchi, District- Cooch Behar. The accused was the husband of his elder sister, after the marriage ceremony of Nayak Mia, son of the accused, on May 23, 2010 was over and the relatives had gone back to their respective home. On May 24, 2010 between 4.30 a.m. and 5 a.m. he got news over mobile phone that Laili Bibi aged about 40 years, wife of the accused, was stabbed to death. As soon as he got news he rushed to the house of the accused and not finding his elder sister there, rushed to the Sitalkuchi Block Hospital where he found his elder sister dead. He had noticed a mark of stab wound on the chest of his sister's body whose cloths were stained with blood. It was also averred in the complaint that he had learnt from others that the accused himself had stabbed Laili Bibi to death and has, therefore, come to the police station to lodge a written complaint. The complaint was received on May 24, 2010 at 9.45 a.m. at the Sitalkuchi Police Station and was registered as Sitalkuchi Police Station Case No. 146 of 2010 dated May 24, 2010 under Section 302 of the Indian Penal Code. The original written complaint was treated as FIR whose writer was A. Hossain, son of L. N. Miah, a police constable posted in Sitalkuchi Police Station. After the complaint/FIR was lodged, investigation was undertaken by Dhananjay Roy, SI of Sitalkuchi Police Station and registered as UD Case No. 10 of 2010 dated May 24, 2010. The SI immediately went to the spot and commenced investigation at about 10.50 hours. In the inquest he found that the cadaver of Laili Bibi was lying on its back on an wooden platform. Her eyes were closed, mouth half open and teeth were projecting out. The hands of the deceased were lying straight by the sides of the body, one of the hands was open and spot of severe injuries were also found under the right rib of the chest and on the belly of the deceased. No other spot of injuries on the body of the deceased was found.