BHOLANATH KESH Vs. THE STATE

JUDGEMENT

(1.) The case for prosecution is that the accused Bholanath Kesh married one Maya. The deceased, Durga, was her sister and she was married to the accused's younger brother, Bhutnath. Durga was a barren woman, and Bhutnath married again. The trouble arose over the second marriage and pursuant to an arbitration Durga's father-in-law gifted four big has of land to her. But Bholanath and Bholanath remained in the actual possession of the land. Subsequently, Durga transferred the property to a school at Keshpur, and the members of the school committee used to maintain her Maya fell ill and she was hospitalised at Patrasayar Health Centre. The accused took Durga to that hospital for looking after his wife, Maya. Then the accused and/or Durga bearded a bus and they were seen travelling together On the night of 21.11.1974 at about 8.30 p.m. took tea at the tea stall at Rashikgunge On the following morning, that is, on 22.11.1974, the dead body of an unknown female was found lying on the field between Rashikgunge and Bishnupur Railway Station with injuries on her person and an information was sent to the police. One Sub-Inspector went to the spot and an F.I.R was recorded. After investigation charge-sheet was submitted against the accused. Charge was framed against him under Sec. 302 of the Indian Penal Code.

(2.) The defence was a plea of innocence.

(3.) The learned Additional Sessions Judge accepted the prosecution version, found the accused guilty under Sec. 302 I.P.C. and convicted and sentenced him to suffer imprisonment for life and also to pay a One of rupees two thousand, in default, to suffer imprisonment for two years.