BASUDEV PAUL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against and order dated 26th November, 2010 passed by learned Additional Sessions Judge, 5th Court, Howrah in Sessions Trial Case No.324 of 2010 convicting the appellant for commission of offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs.3, 000/-, in default to suffer rigorous imprisonment for six months more.

(2.) The prosecution case, as alleged against the appellant, is to the effect that on 6.7.2010 he had killed his wife by causing severe bleeding injuries on her person by a sharp-cutting weapon and thereupon he went to the roof of his house and tried to jump down. Seeing such behaviour on the part of the appellant, his relations and neighbours intervened and brought him down whereupon he admitted that he had killed his wife. It is further alleged that the relationship between the couple was not cordial and that the appellant had also tried to kill his wife earlier by administering electric shock. As a result, she had withdrawn from her matrimonial home and had taken refuge at her parental home for some time prior to the incident. Son of the appellant (P.W.1) lodged written complaint with the police authorities resulting in registration of Jagatballavpur Police Station Case No.211 of 2010 dated 6.7.2010 under Section 302 of the Indian Penal Code.

(3.) In conclusion of investigation charge sheet was filed against the appellant and the case was committed to the Court of Sessions and transferred to the Court of learned Additional Sessions Judge, 5th Court, Howrah for trial and disposal. Charge was framed under Section 302 of the Indian Penal Code against the appellant. The appellant pleaded not guilty and claimed to be tried.