Jay Sengupta JUDGMENT
Md. Mumtaz Khan, J.
1. This appeal has been preferred by the appellant assailing the judgment, order of conviction and sentence dated July 29, 2002 and July 30, 2002 respectively passed by the learned Additional Sessions Judge, 1st Court, Krishnagar, Nadia in Sessions Trial No. II of April, 2001 arising out of Sessions Case No. 7 of December, 2000 convicting the appellant for the commission of offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as IPC) and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 2000/- in default to suffer rigorous imprisonment for further period of one year.
2. P.W. 1's daughter Kusum Biswas, since deceased, got married with the appellant about 5/6 years ago. Since after marriage they started living at the house of P.W. 1 and of their wedlock two female children were born. For the last 2/3 days before the death of Kusum Biswas, appellant started suspecting his wife of having illicit relation with outsiders which gave rise to strained relation in their family life.
3. On March 6, 1998 at about 5 a.m. PW 1 heard cries out from the room of Kusum shouting "maa amake kete fello, amake bachao". On hearing this P.W. 1 rushed there and found the room closed from inside. She then raised hue and cry. On hearing her cries villagers rushed there and broke open the door and found Kusum lying on the floor with bleeding injuries. They also found the appellant in the room with blood stained 'dao'. Villagers then apprehended appellant along with that weapon and tied him with rope. Kusum was shifted to hospital but on the way to hospital she succumbed to her injuries.
4. On the basis of the information given by the doctor of Arongghata BPHC, UD Case No. 7 dated March 6, 1998 was started at Dhantala P.S.
5. On the same day at 15.50 hrs, P.W. 1 lodged a written complaint at the Dhantala Police Station, scribed by P.W. 7, and on the basis of the same, P.W.9 started Dhantala P.S. Case No. 16 dated March 6, 1998 under section 304 IPC against the appellant and the case was endorsed to P.W. 13 for investigation.
6. P.W. 11 held inquest over the dead body of the victim at Aranghata Primary Health Centre morgue on the same day at 11.35 hrs. in connection with Dhantala P.S. UD Case No. 7 dated March 6, 1998 and prepared a report(Ext. 5) and thereafter sent the dead body to Ranaghat Sub-divisional hospital morgue for postmortem examination.
7. On the same day at 4 P.M., P.W. 10 conducted postmortem examination over the dead body of the victim and prepared a report (Ext. 4). During examination the doctor (P.W. 10) found 8 sharp cut injuries over the scalp, face, neck, right and left shoulders, right forearm and over the bases of the fingers of the left palm and thumb finger completely separated while the other fingers partially separated. After dissection of the dead body he also found 1'' long fracture over the middle of the vault of the scalp and hematoma on brain and opined that death was due to the effects of the above injuries which were ante mortem and homicidal in nature and those injuries may be caused by a 'dao'.
8. P.W. 13 initially investigated the case and on his transfer it was investigated by P.W. 12 who then on conclusion of investigation submitted charge sheet being C.S. No. 9/99 dated January 20, 1999 under Section 304 of the IPC against the appellant.
9. On April 11, 2001, charge under Section 302 IPC was framed against the appellant and on his pleading not guilty, trial commenced.
10. Prosecution in order to prove the ca........