NIBARAN GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Being aggrieved by the conviction and sentence recorded by Mr., Milan Chatterjee, Additional Sessions Judge, Hooghly, in Session Trial Case No. 147 of 1992, (dated 18th March, 1996) this appeal came to be filed. The learned Additional Sessions Judges death reference as well as the appeal have been heard together.

(2.) Deceased Reba Ghosh was married to the appellant about three years prior to the date of incident i.e., 16-1-1992. The appellant as well as deceased had been to the Sankranti fare organised in village Malpaharpur and also called on the parents of deceased Reba. All these facts are not in dispute.

(3.) The case of the prosecution is that on the date of incident the appellant and deceased went to the house of the parents of deceased Reba (hereinafter referred to as in-Jaws house). At about 10 p.m. PW 7 Swap an Ghosh, PW 17 Trilochan and two others went to the house of PW 1 Satya Narayan Ghosh (brother of the deceased) and informed him that his sister Reba Ghosh was missing and his brother-in-law Nibaran was found tied with rope by the side of the road. PW 1 Satya Narayan, PW 2 Ajit Kumar Ghosh and PW 5 Gopal went to the house of the appellant and found him lying on a cot. They enquired from the accused whereabouts of their sister. The accused confessed that he had killed his wife by strangulating her with a muffler. The other witness on the point of confession is PW 13 Biswanath who has stated thus: He also made confession in my presence and also in the presence of Satya Narayan that his wife was quarrelling with his mother and for these he murdered his wife. The quarrel was in respect of one necklace.