SADHAN ROY Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) In the state of the evidence, particularly upon a sister of the victim being an eye-witness, the appellant has urged only one ground: that the act complained should fall within the fourth Exception to Section 300 of the Penal Code and he should have been given a lesser sentence under Section 304 Part II of the Code.

(2.) The incident occurred on the night of November 1, 1997. The father complained the next day that his son-in-law had come a few days back to the house of the complainant and on the night of November 1, 1997, the son-in-law quarrelled with the daughter of the complainant. The complaint also referred to the appellant finding a katari in the room and killing his wife with the same.

(3.) The younger sister of the victim, who was about 11 years old at the time of the occurrence, deposed in course of the trial held in 2003 that the appellant had taken great umbrage at his wife going to attend a 'kirtan'. According to such witness, the wife returned after the kirtan gave over at about 2.30 am. There was a loud altercation between the husband and wife and the witness claimed that she tried to separate the two but the appellant went into a fit of rage, took up a katari that was lying around and swung it at the neck of the victim, killing her. The witness also recounted that the appellant asked her to keep quiet before he escaped. At the time that the appellant was fleeing, the younger sister of the victim raised an alarm that drew the neighbours to the house.