BRITANIA MULLICK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appeal is directed against the judgements and orders dated 17.03.1999 and 18.03.1999 passed by the learned Additional Sessions Judge, 2nd Court, Howrah in sessions trial case no. I (Jan) of 1998 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.2,000/-, in default, to suffer rigorous imprisonment for three months more.

(2.) The prosecution case against the appellant is to the effect that on 24.07.1996 at about 9.10 p.m. the victim Mina Devi was talking with her neighbour in front of 38/2, Bhairab Dutta Lane. At that time her husband Bilash Mallick asked her as to why she had come late from Calcutta. She replied that she had gone to Calcutta for collecting money. Around 9.30 p.m. the appellant came to the spot and enquired of Mina why she had quarrelled with his mother-in-law. Bilash asked the appellant not to quarrel and said that he would resolve the problem in the presence of the two ladies on the next morning. At that time the appellant became furious and slashed the throat of the victim. As a result, the victim sustained bleeding injury on her throat, fell down on the ground and died instantly. Upendra Mallick, the brother of the Bilash Mallick, tried to catch the appellant but the appellant escaped.

(3.) On the basis of complaint of Bilash Mallick, Golabari P.S. Case No. 233/96 dated 24.07.1996 under sections 302/120B of the Indian Penal Code was registered for investigation.