HEMANTA BISWAS Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been preferred by the appellant assailing the judgment, order of conviction and sentence dated July 29, 2002 and July 30, 2002 respectively passed by the learned Additional Sessions Judge, 1st Court, Krishnagar, Nadia in Sessions Trial No. II of April, 2001 arising out of Sessions Case No. 7 of December, 2000 convicting the appellant for the commission of 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. 2000/- in default to suffer rigorous imprisonment for further period of one year.

(2.) P.W.1's daughter Kusum Biswas, since deceased, got married with the appellant about 5/6 years ago. Since after marriage they started living at the house of P.W.1 and of their wedlock two female children were born. For the last 2/3 days before the death of Kusum Biswas, appellant started suspecting his wife of having illicit relation with outsiders which gave rise to strained relation in their family life.

(3.) On March 6, 1998 at about 5 a.m. PW1 heard cries out from the room of Kusum shouting "maa amake kete fello, amake bachao". On hearing this P.W.1 rushed there and found the room closed from inside. She then raised hue and cry. On hearing her cries villagers rushed there and broke open the door and found Kusum lying on the floor with bleeding injuries. They also found the appellant in the room with blood stained 'dao'. Villagers then apprehended appellant along with that weapon and tied him with rope. Kusum was shifted to hospital but on the way to hospital she succumbed to her injuries.