BHAGIRATH SARKAR Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is directed against the judgment and order dated 18.12.2014 and 22.12.2014 passed by learned Additional District and Sessions Judge, Fast Track 1st Court, Basirhat, North 24-Parganas convicting the appellant for the offence punishable under section 302 of the Indian Penal Code, 1860 and sentencing him to suffer imprisonment for life and also to pay a fine of Rs. 10,000/- (Rupees Ten Thousand), in default S.I. for six months in S.T. No. 07(7)/ 2003 corresponding to S.C. No. 31(12)/2001.

(2.) Factual matrix of the prosecution case is that on 17.02.1997 at about 13:15 hours one Ranjan Kr. Mondal of Village- Balti Paschimpara, P.S.- Swarupnagar called at the P.S. and lodged a written complaint to the effect that on 17.02.1997 at 10:00 hours on receiving an information of death of his wife at Machlandapur Railway Station, he rushed to the house and on reaching there the complainant heard the fact from his son Nityananda Mondal (P.W.-2) that on 16.02.1997 at about 20:00 hours his wife along with children were sleeping after taking night meal and at about 2:00 hours accused Bhagirath of the same village called his wife to come outside room. Nityananda Mondal, son of the complainant saw the accused to enter into the room asking his mother to come out from the room, who held out threat on his son with dire consequences showing a knife, if he makes any voice.

(3.) Nityananda Mondal noticed his mother going out of the room out of fear at night and in the next day morning at about 05:00 hours he woke up and found the dead body of his mother lying on the verandah of their house with marks of injury on the neck and the throat. The voice of the accused Bhagirath was very much known to his son Nityananda Mondal (P.W.-2) as he used to visit the house of the complainant in his absence and harassed his wife.