FORIDA BIBI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) ONE Mojammel Sk. , son of Kayem Sk. was residing along with his wife and sons in the village Kalahapur, P. S. Murarai, District-Birbhum. His brother Lalu Sk. was also residing in the same house along with his wife Forida Bibi and his son apart from their parents. On March 8, 1987 at about 10. 30 to 11 a. m third son of Mojammel by the name of Hondal was found missing. All the members of the house including the villagers made frantic search for the child but they were not successful in such venture. Upon coming to know of the fact of missing of the child Gendu Bibi, the sister of Mojammel came to the house along with her husband. In the night on March 8, 1987 while Gendu Bibi was sleeping along with her mother on the terrace of the ground floor she noticed that Forida Bibi, wife of Lalu, came down from the first floor with a gunny bag and kept the same on the terrace and left the place abruptly. Gendu Bibi immediately found the dead body after opening the said gunny bag. She raised alarm. Other members of the family rushed to the terrace. The villagers also joined there. Lalu, Kader and Elahi Saheb went upstair to bring Forida down. Forida to save herself was reluctant to come and was standing with a hasua. Ultimately she was brought down. On being pestered by the persons present she confessed that she had killed the child. On the next day. the police came and held inquest of the dead body and the same was sent for postmortem examination. Upon preliminary investigation police initiated a case and arrested Forida Bibi. Forida pleaded not guilty of the offence and faced trial.

(2.) MR. Susanta Kumar Mukherjee, learned Counsel, appearing for the appellant, contends that no one except Gendu Bibi deposed about the involvement of Forida in the matter of unearthing the dead body. Mr. Mukherjee contends that Lalu married for the second time and the entire family made Forida a scapegoat. There was no evidence which would conclusively show that Forida had killed the child. Mr. Mukherjee prays for acquittal of the appellant.

(3.) SK. Abdus Salam, learned Counsel, appearing for the prosecution, on the other hand contends, that all the prosecution witnesses corroborated each other on the factum of unearthing of the dead body of the child. Forida confessed in presence of all that she had committed the crime. Hence the learned Judge rightly held Forida guilty of the offence and sentenced her for life.