SUSHIL MANKI MUNDA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Appeal is directed against judgment and order dated 19th July, 2004 passed by learned Additional Sessions Judge, 2nd Court, Jalpaiguri in connection with Sessions Case No. 137 of 2001 convicting the appellant for commission of offence punishable under section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life.

(2.) Prosecution case as levelled against the appellant is that on or about 20:00 hours of 18th February, 2000, the abovenamed accused murdered his wife Asha Manki Munda by strangulation at his residence at Nayaline, Songachi Tea Estate, P.S. Metalli, District Jalpaiguri. After committing the crime the accused person tried to run away, when he was apprehended by some local people and he sustained injuries on his person and was admitted at the Mal Rural Hospital. One Bishnu Munki Munda reported the matter to the O.C., Metalli P.S. On or about 00:35 hours of 19th February, 2000 S.I. D.K. Sarki received the written complaint and forwarded the same to the O.C., Metalli P.S. for starting the case u/s. 302 of I.P.C. On the basis of written complaint, O.C., Metalli P.S. started Metelli P.S. Case No. 14/2000 dated 19th February, 2000 and S.I. D.K. Sarki was directed to take up investigation.

(3.) During the course of investigation, accused made a statement before the Judicial Magistrate confessing his guilt. Inquest upon the dead body of Asha Manki Munda was performed and the dead body was sent to the hospital for holding post mortem examination. Post mortem report was collected. In the meantime, S.I. D.K. Sarki was transferred to Kotwali police station, Jalpaiguri. Accordingly S.I. D.B. Tamang took up investigation. He received R/T message from the Superintendent of police, Jalpaiguri to submit charge sheet in the case as proposed by the previous I.O. and accordingly, he submitted charge sheet. Thereafter, the case was committed to Additional Sessions Judge 2nd Court, Jalpaiguri on 28th August, 2001 and record was put up for consideration of charge. Additional Sessions Judge, 2nd Court, Jalpaiguri found a prima facie case to frame charge u/s. 302 of I.P.C. against the accused and he framed the charge accordingly. The charge was read over and explained to the accused to which he pleaded not guilty and claimed to be tried. Thereafter, the case was posted for trial.