LAWS(CAL)-2019-3-77

AJIT BAURI Vs. STATE OF WEST BENGAL

Decided On March 20, 2019
Ajit Bauri Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 21.11.2013 and 27.11.2013 passed by the learned Additional Sessions Judge, 4th Court, Burdwan in Sessions Case No. 63 of 2012 in Sessions Trial No. 15/2012 convicting the appellant for commission of offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs10,000/- in default to suffer rigorous imprisonment for six months more.

(2.) Prosecution case, as alleged, against the appellant is to the effect that the victim Arati Bouri was married to the appellant 14 years ago. Three children were born to the couple. Appellant was a habitual drunkard and demanded money from Arati Bauri. As a result, she led her matrimonial life in extreme hardship trying to support her children and meet the unjust demands of her husband, i.e. the appellant. On 30.05.2010 the appellant demanded money and as Arati was unable to meet his demands he assaulted her and cut her neck with a 'katari' in the presence of her daughter Niyati Bauri (P.W. 2). P.W. 2 rushed to her maternal uncle's residence and informed them of the incident. They rushed to the spot and found the dead body of the victim appellant with cut injuries on her neck. The appellant was found standing with 'katari' in his hands. FIR was lodged by one of the brothers of the victim, namely, Metua Bauri (P.W. 1).

(3.) In conclusion of investigation, charge sheet was filed against the appellant. The case was committed to the court of sessions and transferred to the court of learned Additional Sessions Judge, 4th Court, Burdwan for trial and disposal.