GOPAL GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The above appeal before us is for reversal of judgment of conviction and sentence passed by the learned Sessions Judge, Bankura dated 22nd September, 2003 in Sessions Trial No. 3 of 2001 and Sessions Case No. 1 of 2000. By this judgment the appellant has been sentenced to Suffer imprisonment for life and also pay fine of Rs. 2,000/- in default to suffer imprisonment for three months, under Section 302 of Indian Penal Code (in short the I. P. C).

(2.) The aforesaid trial was initiated with lodging of complaint by the appellant himself on the basis of which FIR was drawn up. Thereafter in course of investigation it was suspected reasonably by the I. O. that the appellant himself was the offender. Therefore, after completion of investigation charge-sheet was submitted, arraigning the appellant under Section 302 of the I. P. C. for committing murder of his daughter namely, Milli/the prosecution case, in short, is as follows : On 12th October, 1997 at about 3.05 a.m. the appellant himself went to Barjora P. S. and made an oral complaint to the effect that on 11th October, 1997 at about 10 p.m. in the night when there was none in his house except himself and his younger daughter Milli who was aged about 14/15 years he went to bed after dinner with his daughter. His son was away for visiting his in-laws house on the occasion of Bijoya Dasami with his wife. His elder daughter had been married off and was in her in-laws house. Thereafter about 11/11.45 p.m. at night he was awakened with (hearing of) a groaning sound and woke up from his bed. He detected sound could be heard from the room where his younger daughter Milli was sleeping when she was lying on the bed. He quickly went to his daughter's room and tried to ascertain reason of groaning sound. He found Milli unconscious, let alone her ability to talk. He then made her seated in the bed and had found in the light of lantern that her bed was full of blood and back side of her frock was soaked with blood too. Having noticed this he cried out in fear and having heard his crying sound the neighbours rushed to his house and thereafter no sound could be heard from his daughter. The neighbours having found the condition of his daughter opined that the blood had been oozing out near the neck of his daughter and they told that she had died. Thereafter, he sent intimation to one Tarapada Ghosh an ex member of village Panchayat and another villager one Manik Pal. They came and examined Milli carefully in order to find cause of oozing of blood. After looking into carefully in the light of lantern they found a deep mark of injury below the jaw of the right side of her neck. He thus suspected some one or more than one unknown persons might have murdered. Thereafter, the villagers informed about the incident to the local political party office and as per their advice the aforesaid information was sent to the local police camp. The aforesaid complaint was made in Bengali. Immediately thereafter the investigation was started with the inquest. The then I. O., one Debasish Majumdar did the inquest and prepared report and found that deep bleeding injury was found beside the trachea below the jaw of right side of the neck of the deceased. He could find bloodstained bed and her wearing apparels. In the inquest report it was recorded that death was due to cut throat injury by sharp weapon. Thereafter her body was sent for post-mortem examination. The autopsy surgeon reported following injuries : i) One incised wound 2" x " and 2" x 1" on the vessels and larynx trachea over right side of the upper part of the neck. Upper and inner portion of the neck the wound is " to the right of middle of front and was 2" the right of midline of the front and 3" above the sternal notch on the lower jaw and 4" x 4" above the heel.

(3.) The doctor in his report opined that death was due to the cut throat injury and the same was ante mortem and homicidal in nature.