Jay Sengupta JUDGMENT
Md. Mumtaz Khan, J.
1. This appeal has been preferred by the appellant assailing the judgment and order of conviction dated March 6, 2006 and sentence dated March 7, 2006 passed by the learned Additional Sessions Judge, Fast Track Court Durgapur, in Sessions trial No. 27 of 2005 and arising out of Sessions Case No. 45 of 2005. By virtue of the impugned judgment, appellant was convicted for the commission of Offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as IPC) and was sentenced to suffer imprisonment for life and to pay fine of Rs. 2000/- in default to suffer simple imprisonment for six months with a direction for set off against substantive sentence of imprisonment as per provisions of Section 428 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.). The other accused, Bhabani Bauri, was acquitted from the charge punishable under Sections 302/109 IPC.
2. On June 19, 2004 in the morning, appellant took away the cycle of his younger brother Swapan Bauri from his house without any consent. As he did not return back Rumpa Bauri (PW.1), daughter of Swapan Bauri, brought back that cycle from the house of the appellant around 5.00 p.m. At about 8.00 p.m. Bhabani Bauri, mother of Swapan Bauri, came to their house and demanded that cycle from China Bauri, wife of Swapan Bauri, but when she refused, quarrel started between China Bauri and Bhabani Bauri. Bhabani Bauri then left the house, uttering filthy languages. Within five minutes Bhabani Bauri again came accompanied by the appellant. Appellant then entering into the house charged China Bauri as to what she had said to his mother about the cycle and threatened that he will see her. Appellant, who had a sharp katari with him, then by putting China Bauri on the ground started striking her on her neck by the said "katari". On seeing all these, P.W.1 while crying and pulling the clothes of the appellant requested him not to assault her mother but appellant pushed her away. At that time Bhabani Bauri standing in the courtyard was instigating the appellant to kill the victim. P.W.1 then started shouting calling people to save her mother from her uncle. She also rushed to her uncle Nabin Bauri's house and reported the incident to him. Thereafter, on their arrival they found the victim lying with severe cut and bleeding injuries. Appellant and his mother Bhabani Bauri before arrival of Nabin Bauri had already fled away therefrom. Para people on witnessing the bleeding injuries on the person of the deceased informed Police.
3. At about 21.15 hrs. PW 2, Officer-in-charge of Cokeoven P.S., got an information over telephone from Councilor Amitabha Chatterjee that dead body of the wife of Swapan Bauri was lying their courtyard. He diarised the said information vide GD Entry No. 898 dated June 19, 2004 and proceeded to the place of occurrence along with PW 9 and force. On arrival, PW 2 found the dead body of the victim China Bauri bearing multiple injuries soaked with blood lying in the courtyard of her house. P.W.1 then handed over a written complaint (Ext. 1), scribed by PW 4, to P.W.2 who then forwarded the same to Cokeoven P.S. through ASI Uttam Mondal for registering a case and directed PW9 to take up investigation.
4. On the basis of the above written complaint of PW1, Cokeoven Police Station Case No. 66 dated June 19, 2004 was started against the appellant and Bhabani Bauri under Section 302/114 IPC.