13.03.2025 Court No.13 Item No. 20 Sudipta/AP/sp C.R.A. 617 of 2011 Arun Sarkar Vs.

The State of West Bengal & Ors. Mr. Partha Sarathi Bhattacharyya, Ms. Sukla Das Chandra, Ms. Swarnale saha. … for the appellant.

Mr. Debasish Ray, Ld. P.P., Mr. Partha Pratim Das, Ms. Sonali Das, Ms. Chandreyi Dutta.

..for the State

1. The instant appeal is directed against judgment and order of conviction dated 21^st September, 2011 and 22^nd September, 2011, passed by the learned Additional Sessions Judge, Fast Track Court, Sadar, Cooch Behar in Sessions Trial No. 8(9) 10 arising out of Sessions Case No. 356 of 2009. The appellant was convicted under Section 302 of the IPC for life. The facts relevant to the case are that the appellant was married to one Jyotsna Sarkar (deceased) about 10-11 years ago prior to the date of occurrence.

2. The marriage was turbulent. The appellant and deceased had two daughters, namely, Jayanti Sarkar (PW 2) and Rakhi Sarkar (PW 3).

3. Prior to the date of occurrence, the deceased had lodged a complaint that was registered as F.I.R. under Section 498A of the IPC. The appellant was in custody for about a month.

4. Although one of the witnesses has stated that the appellant was acquitted in the said proceeding, there was no clear evidence to that effect before this Court.

5. After release from custody, the appellant started to reside with the deceased and two daughters. There was peace for a few days. The incident occurred within two weeks after the appellant was released from custody.

6. PW 2 and PW 3, daughters of the appellant, had stated that on the fateful night there was another quarrel between the appellant and the deceased. The appellant assaulted his wife with an axe, five times on the head, neck, back and other parts of her body.

The victim died immediately at the spot.

7. The daughters namely PW-2, Joyanti Sarkar and PW-3, Rakhi Sarkar, were present at the place and time of occurrence and witnessed the incident. The appellant fled from the place of occurrence after the incident.

8. On hearing the cries and wails of PW-2 and PW-3, neighbors PW-

4, PW-5, PW-6, PW-7 and PW-11 immediately rushed to the spot. They found the victim lying on the floor in a pool of blood. They were informed by PW-2 and PW-3 that the appellant assaulted his wife with an axe a number of times and fled away. The victim was found by the said neighbours, with blood all around her.

9. PW-1, Basana Mallick, lodged a complaint scribed by PW-11, Biswanath Sarkar, on the next day of the incident i.e. 4^th September, 2009.

10. The police arrived at on the next day. Investigation was conducted by PW-12, SI Bidyut Kumar Roy. Originally U.D. Case No.213 of 2009 was started that was converted to a formal FIR upon receipt of complaint from PW-1. The FIR was registered as Kotwali Police Station Case No.659 of 2009 dated 4^th September, 2009 under Sections 302 and 109 of the Indian Penal Code. Inquest was conducted and the body of the deceased was sent for post mortem.

11. PW-10, Dr. Amal Basak was the post mortem doctor. He noted five several injuries on the body of the deceased.

12. Charge sheet was filed after investigation. The Trial started after framing of charges against the appellant.

13. PW-1 was the mother of the deceased and mother-in-law of the appellant. She stated that relations between her daughter and the appellant was strained. She confirmed that a case was registered on the complaint of the deceased under Section 498A of the Indian Penal Code and the appellant was in custody for a month. The incident occurred a fortnight after the release of the appellant from the custody and while he was on bail.

14. The PW-1, Basana Mallick came to the place of occurrence after being informed by PW-8, Keshab Roy, on his motorbike. Her house was two miles away from the house of the deceased. She stated that immediately upon arriving at the place of occurrence PW-1 found her daughter lying on the floor in a pool of blood. She was informed by PW-2 and PW-3 that the ap