KAMAL DAS Vs. STATE OF WEST BENGAL
LAWS(CAL)-2019-2-29
HIGH COURT OF CALCUTTA
Decided on February 08,2019

KAMAL DAS Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

MD.MUMTAZ KHAN,J. - (1.) This appeal has been preferred by the appellant assailing the judgment and order of conviction dated December 20, 2008 and sentence dated December 22, 2008 passed by the learned Additional Sessions Judge, Fast Track, 1st Court, Siliguri in Sessions Trial No. 11/07 arising out of Sessions Case No. 31(S) 06 thereby convicting the appellant for commission of the offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as IPC) and sentencing him to suffer imprisonment for life and to pay fine of Rs.1,000/-in default to suffer rigorous imprisonment for two months with a direction for set off as per provisions of Section 428 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.).
(2.) The prosecution case, in brief, is as follows: On November 29, 2005 at about 10.30 p.m. appellant picked up quarrel with his wife, the victim, and during altercation struck the victim on her head by an axe causing severe cut and bleeding injuries therefrom. Appellant after having struck the victim by a axe also struck with that axe on his own head.
(3.) Pw1, on hearing cries went to the house of the appellant and saw marks of profuse bleeding in the courtyard and inside the room of the appellant. There he heard from the persons assembled that a scuffle took place between the appellant and the victim and both of them were taken to the Phanshidewa Block Primary Health Centre where the victim was declared dead. On the basis of the information received from the hospital one UD case was started at Phanshidewa P.S.;


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