J.N.Hore, J. - (1.) For committing murder of Dolly Gomesh alias Lily Mondal, wife of Late Robert Gomesh of Kundarali P.S. Baruipore appellant Bhaskar Purkait alias Swapan Mandal was convicted by the learned Addl. Sessions Judge, 11th Court, Alipore under section 302 Indian Penal Code and sentenced to imprisonment for life. The appellant seeks to assail the said order of conviction and sentence in this appeal.
(2.) Briefly stated, the prosecution case is as under : On 28.2.79 at about 6 p.m. the accused and the deceased introducing' themselves as husband and wife under the false names of Swapan Mandal and Lily Mandal respectively 'came to Ambi Hotel at Diamond Harbour and booked room No. 4 of the hotel on payment of Rs. 20/- as room charge. They signed in the visitor's register and wrote the necessary particulars, They occupied room No. 4 and took two plates of food served by P.W. 2: Renubala, cook of the hotel, in the room on payment of usual charges. The lock and key of the room were made over to the accused. They shut the door of the room at about 9 p.m.
(3.) Next morning at about 6 a.m. the accused-appellant slipped away from the hotel keeping the room under lock and key with the deceased inside the room on the pretext of taking tea outside. Being suspicious P.W. 1 Kanai Lal Haldar, Manager of the hotel and P.W. 3 Prasanta Pradhan, a bearer" of the hotel went out in search of the accused. They did not find him in the tea stall. On search, they found him about to board a bus of route no. 76 at the bus stand which is very near the hotel. Being challenged by P.Ws. 2 and 3, the accused after initial refusal came with them to the hotel. On way to" hotel P.W. 5 Ranjit Kr. Gain, a local shopkeeper to whom P.W. 1 narrated: the incident, accompanied them to the hotel out of curosity. The accused reluctantly opened the lock of the room No. 4 with the key which was with him and all of them entered into the room and found the deceased lying on the bed with her entire body covered with a blanket upto forehead. At the instance of P.W. 1 the accused called the deceased several times but there was no response. The accused then made a false statement that she drank heavily last night and was fast asleep and asked for two cups of tea. P.W. 2. Renubala who in the meantime entered into the room pointed out that there was no sign of breathing. At the insistence of P.W. 1 the accused was compelled to remove the blanket from the face of the deceased and the witnesses saw profuse bleeding from her mouth and nose which drenched the bed-sheet, the pillow-cover and other parts of 'the bed. She was found dead. On the query of P.W. 1 the accused made an extra judicial confession that he had love affairs with the deceased but after his marriage the deceased used to visit the house of his father-in-law and his house which disturbed the marital peace between him and his married wife for which he killed the deceased.;