MANORANJAN SIL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal as per S.374 of the Criminal Procedure Code is directed against order passed by the Ld. Sessions Judge at Port Blair in connection with Sessions Case No. 13 of 2002 (Sessions Trial No. 31 of November, 2003).

(2.) BY the said judgment, the appellant was found guilty for the offence under S.302 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for life and also to pay fine of Rs. 5000/- in default, he was directed to suffer simple imprisonment for three months.

(3.) ON the next day i.e. 21st November, 2001 at about 4 a.m., the accused who stayed there on the previous night told her that he intends to go at Nimbutala and accordingly left the house. At about 6.30 a.m. he returned to the house. At that time the deceased was washing her face. The de facto - complainant was preparing the food. The appellant asked his wife to provide him with food and for that Reeta entered in the kitchen. She heard quarrel in between the appellant and the deceased in low voice in the kitchen and thereafter she heard the cries of her daughter. Immediately, she rushed to the kitchen and on her way, her son inlaw dashed against her after coming out from the kitchen hurriedly. Thereafter the appellant fled away. The de facto - complainant found her daughter lying in the kitchen with bleeding injuries when she entered in the kitchen. She noticed one blood stained Dao/Ballam lying by the side of the victim. She came out from the room and narrated the incident to the neighbours and she thereafter, went to the house of Anil Bepari. Subsequently the P.S. was informed over phone by the landlady. She arranged for a jeep to take her daughter for medical treatment but in the meantime she succumbed to the injuries.