JUDGMENT :

Soumen Sen, J.

This is an appeal against an order of conviction for the offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as ‘I.P.C.’) passed by the learned Additional Sessions Judge, Fast Track, 3rd Court, Pachim Midnapur on 26.06.2008 in connection with S.T. Case no. XXXV/May/2007 arising out of Narayangarh P. S. Case no. 3/2007 and G.R. Case No. 67/2007.

1. The appellant-accused has been sentenced under S. 302 of I.P.C. to rigorous imprisonment for life and to pay a Rs fine. 5000/-in default to suffer rigorous imprisonment for one year and another term of 3 years of rigorous imprisonment and a fine of Rs. 1000 in default to rigorous imprisonment for five months for the offence under S. 498A of I.P.C. It had been instructed that both the sentences shall run concurrently.

2. Pithily summarized the facts of the case are as under;

3. Gurai Bhakta was married to Ahalya Bhakta, the victim. Their marriage took place twenty-five years ago from the date of alleged incident of murder.

4. On the fateful day of Makar Sankranti dated 15th January, 2007 it is alleged that the appellant/accused had a quarrel with the victim in the morning. He left the house at around 10 a.m. and returned at around 12 a.m. and again a quarrel broke out between the husband and the wife which aggravated into an assault on the victim resulting in the death of the victim.

5. The case was initiated on the basis of F.I.R. of Sanatan Mallick PW-02, who happens to be the brother-in-law of the present appellant. The F.I.R., amongst others, had stated that the appellant had assaulted the victim with fist and blows at the courtyard of the house and prevented her from fleeing by catching hold of her hair. This resulted in her death. Upon hearing the hue and cry, the locals came to the area of incident and apprehended the appellant/accused.

6. On the basis of the aforesaid complaint Narayangarh Police Station lodged a case no. 3/2007 dated 15.01.2007 against the appellant-accused, Gurai Bhakta under section 498A/302 I.P.C.

7. Chargesheet was filed u/s. 498A/302 IPC against the appellant-accused person before the Court of Learned Chief Judicial Magistrate of Paschim Medinipur. The case got transferred to the Court of Learned Sessions Judge and thereafter on 21.07.2007 the same got transferred to Additional Fast Track Court, the trial court. The appellant-accused pleaded not guilty.

8. The defense case and cross-examination of the appellant-accused u/s. 313 CrPC presented a complete denial of prosecution case, and according to the defence on the date of the ‘Makar Sankranti’ festival, his wife took heavy liquor, and as a result, she fell down on the earth and sustained injury, and ultimately died. This was substantiated with the argument that the accused and the appellant belonged to the backward community.

9. The points for determination for the Learned Trial Judge were as under

a. Had the appellant-accused inflicted cruelty upon the victim – Ahilya Bhakta both physically and mentally?

b. Had the appellant-accused murdered Ahilya Bhakta intentionally and knowingly?

c. Has the Prosecution brought home the charge of offence u/s. 498A/302 IPC?

d. Is the appellant-accused person guilty of offence u/s. 498A/302 IPC as alleged against him?

10. The Prosecution, in order to establish the charge, had examined 16 witnesses. The primary witnesses were their two daughters-in-law who had witnessed the alleged assault and the doctor, namely, Sushila Bhakta and Minati Bhakta, Sushila, and Dr. Arabinda Karak. PW-3, in her evidence, had stated that her father-in-law-Gurai used to inflict torture upon her mother-in-law-Ahalya Bhakta, and used to assault her and used to snatch away the income of her mother-in-law. It is also her evidence that on the date of ‘Makar Sankranti’ in the early morning, her father-in-law initiated a quarrel with the deceased and left their house and at about 12-00/1-00 p.m he again came back to their house and started to assault