JOYDEB MALIK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been preferred by the appellant assailing the judgment and order of conviction dated May 7, 2002 and sentence dated May 8, 2002 passed by the learned Additional District & Sessions Judge, 4th Court, Howrah in Sessions Trial case No. IX (I)/2002 convicting him for the offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as IPC) and sentenced him to suffer imprisonment for life and to pay a fine of Rs. 10, 000/- in default to suffer rigorous imprisonment for 1 year.

(2.) The prosecution case, in brief, is that on March 10, 2001 at about 11.00 in the morning Joydeb Malik, the appellant, suspecting his wife Bimala Malik, the victim, to be involved in extramarital affairs gave a blow on her head of with a battam (wooden bar) when she was bathing on the bank of the pond in front of her house as a result she sustained bleeding injury on her head and fell down on the court-yard and died instantly.

(3.) The incident was then reported to the Panchla P.S. by P.W.1, a Panchayat member, in writing and accordingly on receipt of the said complaint (Ext.1), P.W.13 started Panchla P.S. case no.11/2000 under section 302 IPC against the appellant. P.W.14 took up the investigation of this case and during investigation he visited the place of occurrence, prepared rough sketch map with index (Ext.6), made inquest over the dead body of the victim(Ext.2/3) in presence of witnesses, sent the dead body for postmortem examination, seized the battam, blood stained earth, controlled earth, wearing apparels of the deceased, examined the available witnesses, arrested the appellant and forwarded him to court, collected postmortem examination report (Ext.4)and after completion of investigation submitted charge sheet against the appellant under section 302 IPC.