GOUTAM ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction dated 30.04.2008 and sentence 02.05.2008 passed by the Learned Additional Sessions Judge, 3rd Fast Track Court, Berhampore, Murshidabad in ST No. 18/June 2007: Sessions Serial No. 338/2007, thereby convicting the appellant under Sec. 302 and 201 of the Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 1000.00, in default to suffer simple imprisonment for one month for the offence under Sec. 302 of the Penal Code and to suffer rigorous imprisonment for two years and to pay a fine of Rs. 500.00, in default to suffer simple imprisonment for fifteen days for the offence under Sec. 201 of the Penal Code, both the sentences having to run concurrently.

(2.) On 18.12.2006 at about 15.40 hours PW 1 lodged a First Information Report with Berhampore Police Station alleging commission of offences under Sections 302 and 201 of the Penal Code against the appellant. PW 1 alleged that on 01.11.2006 onwards, he gave tenancy of the ground floor of his house on a monthly rent of Rs. 14,400.00 to the appellant. From that day he was residing there with her wife (since deceased) and his minor daughter Pinki. The appellant told him that he had to stay there for the purpose of his job. The wife and daughter of the appellant were last seen in the house on 04.12.2006 at 15.00 hours. On 05.12.2006 at about 8.00 hours the appellant told PW 1 that his father-in-law had passed away and he had to go there with his family. He said that he had no money and took a loan from PW 1. On 18.12.2006 in morning PW 1 went downstairs and behind the rented portion of the room he got a bad smell and found a fluid coming out from the rented portion. He informed the police over telephone. After breaking open the lock of the back door, the police found a deadbody of a woman in a decomposed state, lying in pitchboard box with LG TV written on it. On seeing the wearing apparels, PW 1 identified the body as that of the appellant's wife.

(3.) Investigation commenced. On 18.12.2006 PW 18, a Sub-Inspector of Police, held inquest over the deadbody of the victim in the ground floor of the house in the presence of witnesses PWs 1, 2, 3 and 4. He found the body in a highly decomposed state and could not understand whether there was any external injury. PW 16, a doctor in the Berhampore Hospital, held a post-mortem examination over the deadbody on 19.12.2006. A second post-mortem examination was conducted by PW 17 on 26.12.2006 in the Burdwan Hospital. Several injuries were found on the body including on the neck. Fractures of some parts and bruises were also found on the deadbody. The doctor opined that the death was due to effects of strangulation by ligature, which was ante mortem and homicidal in nature. After completion of investigation, a charge-sheet was submitted against the accused by PW 18, the Investigating Officer. Subsequently, after receipt of the FSL report, he also submitted a supplementary charge-sheet. On 19.06.2007 charges were framed against the appellant under Sections 302 and 201 of the Penal Code.