ISWAR TUDU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appeal is directed against the judgment and order dated 19th July, 2016 passed by the learned Sessions Judge, Birbhum at Suri, in Sessions Case No. 130 of 2015 (sessions Trial No. 1(10)15) 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 fine of Rs.20,000/-, in default, to suffer simple imprisonment for further one year has been assailed.

(2.) The prosecution case as alleged against the appellant and one Kuheli Hembram (acquitted co-accused) is to the effect that there was an illicit relationship between the appellant and the said Kuheli who was married to the victim Mungla Hembram. In the night of 12th July, 2015 around 12-12.30 hours Sukuddi Hembram (P.W. 1), mother of the victim, heard cries "save me" "save me" from the room of her son Mungla Hembram. Raben Hembram (P.W. 2) and Munni Hembram (P.W. 3), brother and sister respectively of the victim had also woken up hearing cries of help. When they came to the room of the victim they saw the appellant running away from the spot and found the body of Mungla Hembram lying in an injured condition in the courtyard. Mungla asked for some water and on being queried stated that the appellant and his wife Kuheli had struck him with a sword. Upon questioning, Kuheli made a statement admitting her guilt. Mungla was transferred to Dubrajpur B.P.H.C. and thereafter referred to Suri Sadar Hospital where he expired. On the complaint of her mother (P.W. 1) Dubrajpur Police Station Case No. 124 of 2015 dated 12.07.2015 under Sections 302/34 of the Indian Penal Code was registered for investigation.

(3.) In conclusion of investigation charge-sheet was filed and the case was committed to the Court of Sessions for trial and disposal.