Decided on August 09,2012



- (1.) In the instant case, criminal law was set into motion by the father of victim by filing complaint in police outpost Shakti Farm, police station Sitarganj on 26.05.2004, at 08:30 P. M. The occurrence took place on the same day at about 07:00 P. M.
(2.) Prosecution story, in brief, is that appellant was married to victim 12 years ago. They used to quarrel very often after marriage. Since their financial condition was not good therefore, the wife used to go outside for the sake of earning her livelihood. Appellant used to suspect her and used to blame her character. On 26.05.2004, informant s brother Thakur Mandal and his relative Bhisma Dev Mandal came to the house of victim to enquire about the well-being of victim. They reached there at 05:00 P. M. While appellant was present there, victim was away from home. When victim reached there at 06:30 P. M. , appellant started abusing the victim. Appellant started raising accusing finger at her character. A heated exchange took place between them. Many a people assembled there. At 07:00 P. M. , appellant inflicted two blows of axe on the head of victim in the verandah of their house. Victim somehow managed to come to the courtyard of their house and died immediately. Appellant fled away with the axe. First information report was lodged within time.
(3.) The investigation started. When the same concluded, a charge sheet for the offence punishable under Section 302 IPC was submitted against the appellant. When trial commenced, a charge for the offence punishable under Section 302 IPC was framed against the accused, to which he pleaded not guilty and claimed trial. Prosecution produced as many as 12 witnesses. After prosecution evidence was closed, statement of the accused under Section 313 Cr. P. C. was taken, in which the appellant denied everything. Although in his statement under Section 313 Cr. P. C. the appellant said that he would be producing evidence in defence, but infact, no such evidence was adduced. After hearing both the sides, the trial court found the appellant guilty of the offence punishable under Section 302 IPC and sentenced him to imprisonment for life, along with a fine of Rs. 5,000/-, in default of payment of which, he was required to further undergo imprisonment for six months. Aggrieved against said order, present appeal was preferred.;

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