KAMALESH POLLEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 25.03.2013 & 26.03.2013 passed by the learned Additional District & Sessions Judge, Fast Track Court-II, Uluberia, Howrah in Sessions Trial No.260/2007 convicting the appellants for commission of offence punishable under Sections 302/201 of the Indian Penal Code and sentencing him to suffer R.I. for life and to pay a fine of Rs.5,000/- in default to suffer R.I. for one year for the offence punishable under Section 302 of IPC and sentencing him to suffer R.I. for 2 years and to pay a fine of Rs.1,000/- in default to suffer R.I. for 3 months for the offence punishable under Section 201 of IPC, both the sentences run concurrently.

(2.) Prosecution case, as alleged, against the appellant is to the effect that the appellant was married to Sampa Polley alias Tia, daughter of Monoranjan Maity, P.W.1 ten years ago. Two children were born to couple. Four years prior to the incident the couple started residing with Monoranjan. On 06.04.2007 at 6 A.M. Niranjan Maity, the brother of Monoranjan found the dead body of Shampa floating in the pond. He raised hue and cry. Monoranjan and others rushed to the spot and found injuries on the body of the victim. At this juncture Chameli, P.W.2 younger daughter of Monoranjan disclosed at about 3 A.M. when she went out to answer nature's call she saw the appellant assault the victim on her head 3/4 times with a weapon. Over this issue, written complaint was lodged by Monoranjan at Shyampur P.S. resulting in registration in Shyampur P.S Case No.52/07 dated 06.04.2017 under Section 302/201 of IPC against the appellant. In the course of investigation, appellant was arrested. On the same day, investigating officer seized a white and black striped shirt bearing mark 'Sish Mahal' allegedly belonging to the appellant near the bank of a tank owned by one Manik Hazra at Gazipara. On 1.04.2007 one Mugur was recovered from the varanda of the appellant. Serologist report with regard to the seized shirt and Mugur were obtained and charge sheet was filed in the instant case under Sections 302/201 of IPC against the appellant.

(3.) The case of the appellant was committed to the court of sessions and transferred to the court of learned Additional District & Sessions Judge, Fast Track Court-II, Uluberia, Howrah for trial and disposal.