- (1.) The instant appeal arises out of an application under Section 374 CrPC.
(2.) It is directed against the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Alipurduar on 9.4.2007 in connection with Sessions Case No. 65 of 2001 arising out of Birpara P.S. Case No. 62 of 1996 under Section 302 IPC.
(3.) The said case was started on the basis of a written complaint filed by one Larry Kharia on 8.8.1996 before the Officer-in-charge of Birpara P.S. The defacto-complainant in his written complaint alleged that on 17.7.96 at about 12 o clock, Bipta Kharia accompanied by his wife Ganduri, his child and one neighbour namely Mota Orao went to Rath Mela on the day of Rathyatra. On the next day, Bipta Kharia informed the defacto-complainant that his wife Ganduri was missing from Birpara Rathmela and that inspite of search she could not be traced out. He further alleged that 4-5 days before lodging the written complaint, Mota Orao informed him in presence of the local villagers that at about 9 P.M. on the day of Rathyatra, Bipta Kharia killed his wife at Birpara Tea Garden by throttling her and thereafter threw away the dead body of his wife. Accordingly, Bipta Kharia was interrogated by the villagers and at that time Bipta Kharia confessed that on the day of Rathyatra, he killed his wife at Birpara Tea Garden by throttling her. On hearing the above facts, some of the villagers became furious and assaulted him (Bipta); as a result, Bipta Kharia was shifted to hospital for his treatment.;