DEBEN BAIDYAKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Appellant has been convicted for commission of offence punishable under Section 304 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs.5,000/-, in default to suffer simple imprisonment for six months more.

(2.) The prosecution case against the appellant is that on 8.6.1995 at about 1.30 a.m. a hue and cry was raised by the children of the appellant and thereupon the defacto complainant, Swapan Badyakar and his elder brother, Sahadev Badyakar along with others went to the residence of the appellant and found that his wife was pressing a cut injury in the neck with a cloth. The appellant was sitting beside his wife. The victim was shifted to Bidhannagar S.D. Hospital where she subsequently expired. After the death of the victim, Swapan Badyakar lodged written complaint resulting in registration of Faridpur P.S. Case No.31 of 1995 dated 14.6.1995 under Section 304 of the Indian Penal Code.

(3.) In the course of trial, prosecution examined 13 witnesses and in conclusion of trial, the trial court by the impugned judgement and order convicted and sentenced the appellant, as aforesaid.