- (1.) In Sessions Trial No.18 of 1989, the appellant-accused was prosecuted on a charge of having committed murder of his wife by throttling and alongwith his mother for having committed offence under Sections 498A, 201 of Indian Penal Code. By judgment and order dated 24.7.1990 he was convicted and sentenced to suffer imprisonment for life and to pay a fine of Rs. 5,000/-, in default to suffer rigorous imprisonment for one year for offence under Section 302 of Indian Penal Code and appellant and his mother were acquitted of the charge under Section 498A and 201 of the Indian Penal Code, against which this appeal has been filed.
(2.) It is the prosecution s case that in between the night of 29th and 30th April, 1984 (16th Baishak in Bengali Calendar) the appellant-accused Ramesh Debnath, son of Ramani Mohan Debnath committed murder of his wife, Bedana Debnath in their bedroom and lodged a report with Alipurduar Police Station on 2.5.1984 at 8.30 hours of the incident that Bedana was lying dead in her bed room. On getting information, the police visited the place of occurrence and prepared an inquest report by registering an U.D. Case NO.40/1984 dated 30.4.1984 with Alipurduar Police Station.
(3.) The deabody was sent for post-mortem examination. After conclusion of investigation, the police filed chargesheet against the appellant-accused for having committed murder of his wife under Section 302 of the Indian Penal Code and for having committed offence under Sections 498A/201 of Indian Penal Code alongwith his mother Smt. Parul Debnath. The case was committed to the court of sessions.;