ANAWARUL HAQUE SIDDIQUE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) -This appeal is directed against a judgment and order dated 30th May, 1998 passed by the learned Additional District and Sessions Judge, 3rd Court, Surf, in Sessions Trial No.3 of December, 1997 arising out of Sessions Case No.26 of 1987 (Rampurhat P. S. Case No. 11 dated 30th March, 1985) convicting the appellant Anawarul Haque Siddique of the offences punishable under sections 302 and 201 of the Indian Penal Code and sentencing him to imprisonment for life as also to pay a fine of Rs.2,000/-, in default to undergo rigorous imprisonment for further two months. No separate sentences for the offence punishable under section 201 was passed.

(2.) The facts and circumstances briefly stated are that on 15th March, 1985, Saharabanu, aged about 17 years, was given in marriage to the appellant Anawarul. She was killed in the night between 29th and 30th March, 1985. The conviction is based primarily on confession both judicial and extra-judicial coupled with evidence of P.W.9 Dr. G. P.Kusri who found on 30th March, 1985 injuries on the person of the appellant which according to the appellant himself were inflicted by his wife while she was being throttled by him. Extra-judicial confession was also made in the presence of the members of the parties of complainant and the neighbours of the appellant besides the investigating officer. Some of the members of the party of the complainant as also the neighbours turned hostile during the trial. The learned trial Judge found the following circumstances to have been proved by the prosecution.

(3.) Mr. Mitra, learned Advocate appearing with Mr. Mukherjee in support of the appeal, took us through the evidence and advanced principally two submissions: