ANIL KAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this appeal the appellant/accused has challenged the judgement and order of conviction dated 30/08/05 and 31/08/2005 passed by the learned Additional Sessions Judge, 5th Court, Paschim Medinipur, in Sessions Trial Case No. V of October, 2003. By the said order the appellant was convicted for commission of offence under Sections 302 and 201 of the Indian Penal Code, 1860 (in short, "IPC"). The learned Trial Judge sentenced the accused to suffer rigorous imprisonment for life with a fine of Rs. 2000/-, in default to suffer further rigorous imprisonment for one year for commission of offence under Section 302 IPC. The accused was also sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs. 1000/-, in default to suffer further rigorous imprisonment for six months for commission of offence under Section 201 IPC. The learned Trial Judge ordered that the sentences shall run concurrently.

(2.) Bereft of unnecessary details the prosecution case, as it appears from the records, runs as follows. The accused Anil Kar married the deceased Asha Kar about 17 years ago. They lived together as husband and wife for a period of about 3 years. Out of the marriage Asha gave birth to a male child. Soon thereafter the marriage came to an end due to persistent altercations over domestic affairs. Thereafter, Asha met one Bharat Khatua of Balichak whom she subsequently married. For the last 13 years she had been living peacefully with her second husband. On 25.01.03, at about 5.30 P.M., the accused went to the house of Bharat, stated that Asha's mother was critically ill and on that pretext he took her away, ostensibly to Asha's parental house. When Asha did not return even after 3 days, on 28.01.03, Bharat went to Asha's parental house to look for her. Bharat was informed that Asha had not visited her parental home and that Asha's mother was not ill. Thereafter, Bharat along with the first informant Subal Das (victim's brother and PW16) and Sambhu Das (another brother of victim and PW10) went to the house of the accused located at village, Sangar and enquired about Asha. Initially, the accused refused to say anything. Subsequently, Panchayat members namely, Gautam Singh (PW1), Niranjan Dey (PW2), Chandi Charan Dey (PW3) and Laxman Dey (PW17) were informed about Asha's missing status. Once these persons along with Bharat, Subal and Sambhu confronted the accused, he confessed that on 25/01/2003 he took Asha to Egaramile by a trekker and then she was taken to a plot of land belonging to Gopal Kar of village Sangar, where she was throttled to death by him. Then the accused removed the clothes of the victim, burnt them, threw the dead body of Asha inside a shallow pit and covered the pit with mud. On the basis of information derived from the accused the dead body of the victim was recovered on 30/01/2003.

(3.) The accused was charged with commission of offence under Sections 302 and 201 IPC. He pleaded not 'guilty' and claimed to be tried. Thus, the trial began.