KASTURI Vs. STATE

JUDGEMENT

(1.) THIS Criminal appeal is directed against the Judgment of conviction and sentence passed by the Learned Sessions Judge, Andaman and Nicobar Islands, Port Blair in Sessions Case No. 4 of 1994 arising out of Mayabunder P.S. Case No. 4/93 dated 10.1.1993.

(2.) THE facts leading to this appeal are in short as follows : The convict appellant was married to the deceased in 1977. They lived as husband and wife for several years and three children, two female and one male were born to them. But with the passage of time, the relationship between the couple rapidly deteriorated. On the date of occurrence i.e. on 10.1.93, the deceased husband under influence of liquor as usual, abused the convict appellant and severely assaulted her and demanded more money for further drinks. The convict -appellant was forced to part with Rs. 40/ - and the victim went out with the amount and came back in drunken state. He abused the appellant, dragged her by the hairs and kicked her. The convict struck the husband on the head with a piece of 'faggot' as a result he fell down and the faggot was broken. Again the husband stood up and threatened to finish her. The wife out of fear pushed him down on the cot nearby and she jumped on him, tied his both the hands behind the back and with a 'Dah' struck him on the back of the neck several times. Victim was groaning. The convict turned the body face upside and cut the throat. She then changed her blood stained clothes, covered the dead body with a wrapper, locked the door of the house and went to the house of one Sumitra Singh, a neighbour, to call her three children who were witnessing the T.V. show in that house at that time. With the three children, she went to the bus stop with the intention to catch the bus for Mayabunder P.S. but she learnt that the last bus already left. She then noticed the informant, viz. Dulal Banerjee on a cycle. The convict stopped Dulal Banerjee and told the entire story regarding the murder of her husband to him. Dulal Benerjee was Pradhan of the village and he asked the convict to go to Badamnallah Police outpost and assured her that he himself would go to Mayabunder P.S. to inform the Police. Accordingly, Dulal Banerjee with one of his neighbour, Bahadur Singh went to Mayabunder P.S. on a motor bike and reported the incident to the Police at 22.45 hours when the FIR was recorded by the Police and the Police came to the place of occurrence alongwith Dulal Banerjee, the informant and formal investigation was started. During investigation, the confessional statement of the convict was recorded by the Magistrate under Section 164, Cr. P.C. Police also seized blood stained clothes, sarees etc. in presence of seizure witnesses under seizure list. Witnesses were also examined. Report of Serologist, Forensic expert and the Postmortem Report were all collected and on completion of investigation submitted charge sheet under Section 302, I.P.C. against the convict.

(3.) THE learned Sessions Judge framed charge under Section 302, I.P.C. and proceeded with the trial as the appellant pleaded not guilty to the charge. The Ld. Sessions Judge, thoroughly examined the witnesses and the materials before him; examined the appellant under Section 313, Cr. P.C. and finally was pleased to find her guilty to the offence under Section 304 (1), I.P.C. and convicted her accordingly and sentenced her to suffer rigorous imprisonment for 7 years with a fine of Rs. 2,000/ - and in default to undergo further sentence for six months.