MANTU BOURI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been preferred by the appellant assailing the judgment and order of conviction and sentence dated June 28, 2004 passed by the learned Additional Sessions Judge, 2nd Court, Bankura in Sessions Trial No. 4(11) of 2003 arising out of Sessions Case No. 13(5) of 2003 convicting him for commissioning of the offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as IPC) and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 2, 000/- in default to suffer rigorous imprisonment for two months more.

(2.) The case of the prosecution, in brief, is that on 7th November 2000 at about 14.30 hrs. appellant after having altercation with his wife Saraswati Bouri over the issue of her extra marital affairs with a person of their village killed her by slashing her neck with a 'Boti' (fish knife) in the varanda of his house and thereafter surrendered at the local P.S. confessing his guilt.

(3.) A written complaint scribed by PW14 was then lodged at the Gangajalghati P.S. by P.W.2, mother of the victim and on the basis of that complaint a Gangajalghati P.S. Case No. 67 of 2000 dated November 7, 2000 under Section 302 IPC was started against the appellant.