Decided on May 04,1983

STATE Respondents


B.C.Chakrabarti, J. - (1.) This is appeal against an order passed by the learned Additional Sessions Judge, Purulia in Sessions Trial No. 14 of 1979 convicting the appellant under Ss 302 and 309 of the Indian Penal Code and sentencing him to undergo imprisonment for life on the first charge and simple imprisonment for one year under S. 309 I.P.C.
(2.) The charge against the appellant Mihir Adhikary was that on the 15th day of September, 1977 he did commit murder by intentionally causing the death of Hira (wife of the appellant) and Sarada (daughter of the appellant aged about 1.50 years) and thereby committed an offence punishable under S 302 of the Code. The second count of the charge was that on the same day and at the same place he attempted to commit suicide and did an act to wit caused stab injuries on his person with a view to commit suicide and did an act to wit caused stab injuries on his person with a view to commit suicide and thereby committed an offence punishable under S. 309 of the Code.
(3.) The accused appellant is the son of the informant Tinkari Adhikary by his first wife. Tinkari Adhikary was the postmaster at Purulia and was residing in the official quarters meant for the postmaster at the relevant time. The appellant lost his mother when quite young and Tinkari married again. Tinkari has several children by his second wife named Puspa. The elder sister-of Puspa is the mother-in-law of the appellant Mihir. On the relevant date the accused-appellant went to sleep in the eastern verandah of the quarters along with his wife and daughter after taking their meals while the other inmates, viz., Timkari, his wife Puspa, his children, viz., Dhanapati, Nirupama, Sanjoy and others slept in the two rooms of the quarters. The mother of the deceased Hira was also there in that house on that house on that night. Upto this there is no dispute. The prosecution case now is that at about midnight Tinkari and other members sleeping in the rooms were awakened by shouts raised by Hira to the effect that she was being killed by her husband. Immediately Tinkari along with Dhanapati and Nirupama, a son and daughter of Tinkari by his second wife, rushed to the police station. The police station is about 1/8th of a kelometre from the house. There Tinkari made a statement which was recorded in the G. D. being Entry No. 586 (Ext. 6). Immediately after recording the G. D., S. I. Atul Chakrabarty came to the house of the informant. Then the door leading to the eastern varandah was opened and the party came into the varandah. Some outsiders also were in the party. They found Hire and the baby lying dead in a pool of blood. The accused was lying in a cot with a knife struck to his chest. On seeing the people the accused there away the knife to the courtyard and made a statement confessing that he had murdered his wife and the child and thereafter attempted to commit suicide. The injured, viz., the appellant was then sent to the hospital in a rickshaw. At the hospital too the appellant made a statement confessing his guilt. The statement was recorded by the doctor in the presence of two witnesses.;

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