BIDHU KISKU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant has challenged the judgment and order of conviction and sentence dated 31st August 2006 passed by the Learned Additional Sessions Judge, 1st Fast Track Court, Paschim Midnapore in Sessions Trial Case No. 32 of November, 2005, thereby although holding the appellant not guilty for a charge under Section 498A of the Indian Penal Code, convicting him for the charge under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 5000/-, in default to suffer rigorous imprisonment for one year.

(2.) On 23rd October 2001 at about 13:30 hours, PW 1, the younger brother of the victim Kajal, lodged a First Information Report against the appellant under Sections 498A and 302 of the Penal Code. PW 1 stated that the couple had married 9 years ago and had two sons from such marriage. He alleged that after her marriage, the victim was subjected to physical torture by her husband in respect of the purported mistakes in household work. They informed the local villagers who settled the dispute and thereafter the victim was living happily. But the appellant was a habitual drunkard. The appellant married again about a year before the date of occurrence. PW 1 further alleged that after the second marriage, the appellant created an unhealthy situation in the family and regularly assaulted the victim. After getting an information last night from the locals that the victim had died, PW 1 rushed to the house of the appellant and found the victim lying dead in the courtyard. He stated that the villagers informed them that the appellant had confessed before them that on the preceding evening at 6:30 p.m. the appellant killed the victim by throttling and with an iron rod.

(3.) Investigation of the case started. PW 18, the Investigation Officer held an inquest over the dead body on 23rd October 2001 at the place where the body was found. PWs 1, 7 and 11 were the witnesses to the said inquest. PW 18 found some bluish marks on the abdomen portion and at the back side of the dead body. The villagers told him that on 22nd October at about 5:30 p.m. the appellant killed the victim by throttling and with an iron rod. PW 17 held a post mortem examination of the dead body on 24th October 2001 at about 14:10 hours. He found the body quite decomposed. The opinion about the cause of death was kept pending the obtaining of the FSL report for the viscera. After going through the FSL report, which stated that the death not due to poisoning, during trial, PW 17 opined that the death was homicidal. The Investigating Officer submitted a charge-sheet under Sections 498A and 302 of the Penal Code against the appellant.