BIJOY KUMAR SEN Vs. STATE

JUDGEMENT

(1.) Bijoy Kumar Sen alias Birju, the appellant before us, was arraigned before the learned Additional Sessions Judge, North 24 Paraganas, Barasat, to answer the following charges : "First - That you, on or about the 12th day of May, 1982 at Michaelnagar, Janakalyan Hindu Hotel, P.S. Airport, did commit murder by intentionally or knowingly causing the death of your wife Smt. Gopa Sen and thereby committed an offence punishable under S.302 of the Indian Penal Code. Secondly - That you, on or about the same day of May, 1982 knowing that certain offence, to wit, murder punishable with death or imprisonment for life, had been committed knowingly gave false information, to wit, information that the deceased Gopa Sen had caught fire owing to accidental burst of stove, with the intention of screening yourself from legal punishment and thereby committed an offence punishable under S.201 of the Indian Penal Code.

(2.) On conclusion of the trial, the learned Additional Sessions Judge convicted the appellant of both the charges and for such conviction, sentenced him to imprisonment for life and to rigorous imprisonment for seven years respectively, with the direction that both the sentences were to run concurrently. This appeal by the appellant seeks to assail the above order of conviction and sentence.

(3.) The prosecution case, in a nut-shell, was that Gopa (deceased) was the wife of the appellant and at the material time was living with him in the back portion of Janakalyan Hindu Hotel at Michaelnagar within Police Station Air Port. The hotel was owned by the appellant's sister and its back portion was used for residential purpose of the owner and her relatives.