MEGHNATH DE Vs. STATE

JUDGEMENT

(1.) This appeal has been filed against the judgment passed by the learned Additional Sessions Judge, Bankura in S.T. No. 5 (1)92 dated 24th Nov. 1993 whereby the appellant was convicted under Section 307, IPC and sentenced to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs. 2,000/- in default to suffer further rigorous imprisonment for a period of six months.

(2.) The prosecution case briefly stated is as follows :The victim PW 5 Shila De was given in marriage with the appellant Meghnath De of Bhairabdanga on 11th Ashar, 1397 B.S. After the marriage she joined her husband in the Matrimonial House at Bhairabadanga village on 3rd Kartik, 1397 B.S. corresponding to 21st Oct. 1990 according to English Calendar. When she was watching closely a television programme at about 7.50 p.m. the victim Shila went out of the house and after a while returned to the courtyard of the house of P.W. 1 Tulshi Charan Bhuin who is the father of the victim in naked condition and fell down in the courtyard suddenly. PW 1, who is the informant in this case had seen several injuries on the face of his daughter PW 5 and also on different portions of her body. Shila had bleeding injuries on her mouth. It was noticed further that teeth of her upper gum were uprooted on account of severe assault on her face. Therefore, PW 1 immediately shifted Shila to Sonamukhi Police Station and from there, under the advice of the police, the victim was shifted to Sonamukhi Hospital and subsequently to B.S.M.C. Hospital through one Swapan Bhuin. P.W. 1 Tulshi Bhuin submitted a written information at Sonamukhi Police Station which was treated as F.I.R. Tulshi Bhuin subsequently came to know about the incident from one Sunil Bhuin who narrated to have seen the victim and her husband, namely, the appellant together. Ranjit Bhuin also told to have been them together sitting by the side of a well which was situated near the house on the date of the incident. Shila, the daughter of Tulshi after admission in the Medical College Hospital reported to Tulshi Bhuin that her husband caused those injuries by striking her with a knife . The Sonamukhi Police Station after treating the written complaint as F.I.R. proceeded with the investigation of the case and after such investigation was closed, placed the charge sheet against the appellant.

(3.) The learned Additional Sessions Judge, Bankura after careful consideration of the evidence of the prosecution was, however, inclined to record an order of conviction and sentence the appellant to undergo rigorous imprisonment of a period of seven years and to pay fine of Rupees 2000/- in default to suffer further rigorous imprisonment for a period of six months. Therefore, being aggrieved by such conviction and sentence the appellant filed this appeal.