MATHUR @ MATHURA MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction dated 20.03.2008 and sentence dated 24.03.2008 passed by the Learned Additional Sessions Judge, 1st Fast Track Court, Arambagh, Hooghly in ST Case No. 23(5) of 2005: SC Case No. 25/2005, thereby convicting the appellant under Section 302 of the Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 10,000/- in default to undergo rigorous imprisonment for one year, for murdering his wife and eldest daughter.

(2.) On 04.12.2004 at about 0.45 hours, PW 1, a neighbour of the appellant, lodged a First Information Report against the appellant under Section 302 of the Penal Code. He alleged that on 04.12.2004 at about 1.00 a.m. on hearing a cry, 'save me, save me', of the younger daughter of the appellant residing beside their club room, PWs 1 and 7 went to the appellant's house and saw that the appellant had killed his wife and elder daughter by smashing their heads and faces with bricks. The appellant rushed out of his house and made an extra-judicial confession that he had murdered his wife and elder daughter. In the meantime, the police personnel arrived at the spot and caught the appellant.

(3.) Investigation commenced. On 04.12.2004 at about 1.15 hours, PW 7 conducted an inquest over the two dead bodies in the presence of witnesses. On the deadbody of the deceased Jayanti Mondal, the wife of the appellant, bleeding injuries were found in two places beside the eye-brow at the corner of the left eye. Brain matters had come out from the right side of the head and something like a hole was seen. On the deadbody of the victim/deceased Aparjit alias Piya Mondal, the elder daughter of the appellant, a one inch bleeding wound was found on the left eye-brow and a bleeding injury at the corner of the right eye. The injuries were inflicted with the help of full sized bricks, which were found smeared with blood. PW 9 conducted the post-mortem examination on the two dead bodies on 04.12.2004. He opined that the deaths were due to the injuries as mentioned in the reports, which were ante-mortem and homicidal in nature. A charge-sheet was submitted against the appellant after completion of investigation. On 20.05.2005 a charge was framed against the appellant under Section 302 of the Penal Code.