PARA TOPPO Vs. STATE
LAWS(CAL)-2013-2-26
HIGH COURT OF CALCUTTA (AT: PORT BLAIR)
Decided on February 11,2013

Para Toppo Appellant
VERSUS
STATE Respondents

JUDGEMENT

- (1.) Prosecution Case: Para Toppo was the husband of the victim. He was working as a Mechanic under the local Administration at Campbell Bay. Their house was destroyed in tsunami. Since then, they were living in the permanent shelter. The couple had three children- Prema Toppo, Vishal Toppo and Poonam Toppo. Prema was staying with her grandmother (mother's mother) whereas Vishal and Poonam both minors were residing with their parents in the permanent shelter.
(2.) On August 3, 2010, the victim Profulit Minj went to see her mother who was also residing nearby. Poonam accompanied her. Poonam went to tuition at the house of Rajini and came back at 8.30 PM when Profulit Minj, Vishal and Poonam took food and went to bed. At night at 9.30 PM accused came and kicked at the door, enquired about the whereabouts of Profulit Minj. Poonam opened the door. When Profulit came out accused started inflicting blows of dao upon her. She tried to resist but failed. While she was fleeing away, the accused inflicted blow on her head. She fell down in the nearby drain outside the house and died. Poonam rushed to the house of her choti nani and then disclosed the incident to their maternal uncle. When the maternal uncle rushed to the house accompanying Poonam found the victim lying on the ground. At the time of occurrence, accused was in towel. Poonam and Vishal made statements before the learned Magistrate that were recorded under section 164 of the Code of Criminal Procedure. Vishal also corroborated Poonam. The accused made confessional statement at the police station in presence of PW.1, Pradhan of the Campbell Bay. According to the statement, the accused was suspicious about the wife's illicit relationship with one Sudhir Xalxo. Despite repeated cautions, Profulit Minj did not adhere to. As a result, being annoyed, the accused killed his wife. Such statement was recorded at the police station in presence of two witnesses being Navaneethan and Jayaprabha, Up-Pradhan and Pradhan of Campbell Bay. STATEMENT OF THE ACCUSED
(3.) The statement made by the accused was tendered as Exihibit-2 appearing at page 80. The contents are quoted below: "Ikraranama u/s 27 Evidence Act 1871 of Para Toppo S/o Late Birsa Toppo (42 yrs), Mechanic APWD R/o RPRS Shelter C/Bay. "I am residing with my family at my permanent shelter RPRS colony No. 53 A and working as a mechanic in APWD Department. Near about two years before in the year 2008, I suffered with heart disease. Due to which, I had to go to Private Medical Chakraborty, Dollygunj, P/Blair for treatment. When I returned back to my wife's house at C/Bay, I was on doubt about the illegal relation of my wife with a man called Shri Sudhir Xalxo. I told many times to my wife not to keep any illegal affair with any person but she did not listen. One day, I saw my wife with Sudhir Xalxo when they were in love and also saw Sudhir touching my wife's chest. As such, at the same moment, I slapped my wife and Sudhir Xalxo. For this reason, distance occurred between me and my wife. For many months, neither we talk nor did we sleep with each other. I tried to make her understand not to keep any illegal affair with other person. Even though my wife talked so many times over line phone and also met with Sudhir Xalxo without anybody's knowledge. For this reason, yesterday 03/08/10 at about 0930 hours at night, with a Dao in my hand called my wife, after few minutes she came out from her room, I at once, attacked on her neck with the Dao. My wife ran outside for her safety, I too ran behind her and attacked on her neck many times due to which she died on the spot. After that I came to police station to inform about the matter, I don't worry about my mistake because she had an illegal affair with somebody. For which in the state of depression I murdered her.";


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