18.03.2025 Sudipta/sp/pk/ap IN THE HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION Present:

The Hon’ble Justice Rajasekhar Mantha &

The Hon’ble Justice Ajay Kumar Gupta C.R.A. No. 383 of 2012 With I.A. No. CRAN 3 of 2025 Rinku Sk. & Ors.

Versus The State of West Bengal Mr. Mrityunjoy Chatterjee, Mr. Manas Das, Ms. Suchismita Chatterjee, Mr. Akash Sarkar …For the appellants. Mrs. Zareen N. Khan, Mr. Antarikhya Basu, Ms. Rita Dutta …For the State.

Rajasekhar Mantha, J.

1. Report of the Baishnabnagar Police Station dated 16^th March, 2025 is taken on record. The report of the Kaliachak –

I Gram Panchayat is annexed to the said report.

2. It appears from the records that two of the appellants, namely, Sujan Bibi and Sukuruddin Sk. have died. It further appears from the records that amongst three other appellants, two are on bail.

3. The instant appeal is directed against judgment and order of conviction dated 25.04.2012 and 26.04.2013 passed by the Additional Sessions Judge, Fast Track, 4^th Court, Malda in Sessions Trial No. 22 of 2011 arising out of Sessions Case No. 87 of 2009 file in number convicting the appellants to life imprisonment under Section 302/34 of the Indian Penal Code. 4. The prosecution case in brief is that the victim, Nazima Khatun, wife of Rinku Sk. was brutally assaulted and murdered with a hansua (sickle) in her matrimonial home.

5. The incident occurred on 11^th October, 2007 between 7.30 and 8.00 p.m. The complainant was the father of the victim, Humayan Mia.

6. The victim was originally married to one Putul Sk. (PW 13). He divorced the victim, by way of Talaqnama in accordance with law in front of witnesses. She thereafter married the appellant no. 1, Rinku Sk. The evidence on record indicates the defence case that the victim continued her relationship with the first husband despite the second marriage. The matter came to the knowledge of the appellants. 7. The appellant no. 1, Rinku Sk. had a brother called Sukuruddin Sk. (now deceased after conviction). He also had a sister called Chinta Bibi. Sahanur Bibi, the other appellant was the wife of Sukuruddin Sk. Sujan Bibi was the mother of Rinku Sk and Sukuruddin Sk.

8. Upon coming to know of the murder of the victim, PW 1 to PW 6 are stated to have come to the place of occurrence and had found the victim lying in a pool of blood inside her bed room in the marital house. All the appellants had fled the place of occurrence.

9. The appellant no. 1 Rinku Sk. was arrested from a market in a nearby village upon being caught by local people. When the police arrived and detained him he confessed and showed the I.O. (PW 20) the place where he hid the offending weapon i.e. on the ceiling of his tiled residence at the place of occurrence. The weapon was covered with blood. The seizure was effected in presence of three witnesses PW 6, 11 and 12. The blood-stained wearing apparels of the appellant no. 1 were also seized.

10. The other appellants were apprehended the next day. The records do not indicate as to when Sukuruddin Sk. was arrested. The seized wearing apparels and offending weapons were sent for forensic examination to the FSL, Jalpaiguri. Wearing apparel of the deceased was also seized and sent to the FSL. The blood-stained portions of the weapon and the apparels were sent for serology test to a laboratory at Calcutta. 11. FSL indicated that the blood on the wearing apparel of the appellant no. 1 and the offending weapon were human blood. Blood group, however, could not be determined by the Serologist.

12. After investigation was commenced, sketch map was prepared and the inquest was performed on the body of the victim in presence of the Magistrate. The body was later sent for post mortem. Injuries on the body of the victim are as follows :

―On Examination I found – rigomortis present, Body was pale, I found the following external injuries:

1) fresh sharpout wound with haemorage and smooth margin over –

a) right side of face, horizontally measuring 4‖ x ¾‖ x bone deep