DURGA PRASAD SARKAR Vs. STATE OF W B

JUDGEMENT

(1.) ON January 9, 1987 a lady by the name of archana alias Putul was killed by throttling in her in-laws' place. On a combined reading of the evidence as well as the complaint the following facts reveal.

(2.) AT about 9. 00 P. M. on January 9, 1987 in the night the villagers were gossiping on the chala of Basudev Ghosh. They were, Kanial Kinkar Ghosh complainant, Anadi Kumar Bagdi, Tamal Krishna Bagdi and others. Mahim ranjan Sarkar and Durga Prasad Sarkar, the accused abovenamed informed them that an untoward incident occurred in their house. On a query made by them Durga told that he had killed his wife Archana by throttling and the dead body was lying on the upper floor of the house. All of them rushed to the house of Durga and found the body of Archana lying on the bed. They also saw blood coming out from her mouth slightly. They came to know that the incident occurred due to quarrel arising out of family affairs. On the next day, ie. , January 10, 1987 Kamal lodged a written complaint with the Officer-in-Charge, Nanoor Police Station in the district of Birbhum. The said complaint was received by the camp office at Bora at 11. 45 PM on January 14, 1987. The Nanoor Police Station registered the case on the basis of the said complaint. On perusal of the FIR it is found that the incident was reported at about 1. 45a. M. on January 11, 1987.

(3.) DURGA was arrested along with his mother, Rajlaxmi. They were charged under sections 498a and 302 of the Indian Penal Code. However, Rajlaxmi was acquitted under section 232 of the Criminal Procedure Code as no evidence came out as against Rajlaxmi. Durga, however, faced the trial.