RITA DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the Judgment and order of conviction dated 12.07.2011 and 15.07.2011 passed by the learned Additional Sessions Judge, 2nd Court, Malda, in Sessions Trial No. 08 of 2011 arising out of Sessions Case No. 17 of 2011 convicting the appellant under Section 302 of the Indian Penal Code and sentencing him thereunder to suffer rigorous imprisonment for life and to pay a fine of Rs.1000/-(Rupees One Thousand) and in default to undergo simple imprisonment for six months.

(2.) Prosecution Case, in short, is that on 20.02.2006 at about 11:45 hours PW 1, Sri Chandan Das, lodged a written complaint before the Inspector-in-Charge, English Bazar Police Station, alleging, inter alia, that his son Manik Das (deceased) had been staying as tenant in the house of PW 4, Dulal Das, along with his wife (appellant) and two sons. On 20.02.2006 at about 3:00 p.m., he was informed that his son has been murdered and dead body of his son was lying at Malda Sadar Hospital. On hearing this, he along with his family members and neighbours at first went to Malda Sadar Hospital and saw his deceased son lying dead in the male surgery ward. They noticed bleeding injuries over his stomach and hand. Thereafter, they went to the house of PW 4, Dulal Das, and were informed by the neighbours that yesterday at about 11:00 p.m. deceased started shouting in his house. Neighbours rushed to his house and saw that door was locked and there were groaning sound inside the room and then the neighbours broke the lock and after entering in the room they saw that deceased was groaning. At that time appellant i.e. the wife of deceased, was not present. Deceased and his two sons were inside the house. The local people took his son to Malda Sadar Hospital where he succumbed to such injuries. He was informed by the neighbours that the appellant had murdered his son, Manik Das. On the basis of the said written complaint, an FIR was registered at the said Police Station against the appellant under Section 302 of the Indian Penal Code.

(3.) After usual investigation police submitted the charge sheet against the appellant under Section 302 of the IPC.