- (1.) This appeal is at the instance of Mabud Mondal and directed against the judgement and order dated 28.4.2008 and 29.4.2008 passed by learned Additional Sessions Judge, Fast Track Court no. 3, Paschim Midnapore in Sessions Trial No. II/December/2005 arising out of Kotuyali P.S. Case no. 64 of 2005 thereby convicting the appellant Mabud Mondal under Section 302 of IPC and sentencing him to suffer R.I. for life and to pay a fine of Rs. 2000/-
(2.) Appellant Mabud Mondal had two wives, Alezan Bibi and Saleha Bibi. Alezan Bibi, the first wife had been living in a room with her two sons while Saleha Bibi had been living in a separate room with the appellant Mabud. On 19.3.2005, Abdur Mondal, the youngest son of Alezen received an information from his neighbourer that his mother Alezen was murdered in her room and many neighbourers assembled there. He had been to the place of occurrence and found his father Mabud and step mother Saleha were repenting loudly for committing murder of Alezen. The appellant Mabud Mondal fled away from the village soon thereafter. Saleha Bibi confessed in presence of all that she had a quarrel with Mabud at the night of 18.3.2005 over supplying food to Alezen and thereafter, they together on 19.3.2005, entered into the room of Alezen. Saleha caught hold Alezen and Mabud slashed the neck of Alezen with a chopper. The above facts reported by Abadul Mondal in writting was treated as F.I.R. and on the basis of the same, Kotowali police station case no. 64 of 2005 dated 20.3.2005 was started. Saleha Bibi was arrested from the spot but the appellant Mabud Mondal could not be traced out. He surrendered in Court about three months after the incident, taken into custody and on the basis of his statement leading to discovery, the offending weapon i.e. Kateri was recovered from the room of the deceased Alezen Bibi which was kept beneath a heap of mud. The dead body of Alezan Bibi was subjected to post-mortem. The investigation into the case ended in a charge-sheet against Mabud Mondal and Saleha Mondal for committing murder of Alezan Bibi. They were arrayed to face the said charge under Section 302 of IPC to which they pleaded not guilty. Accordingly, the trial commenced. The learned Trial Court recorded oral evidence of 19 prosecution witnesses and some documents, such as, inquest report, sketch map of the P.O, post-mortem report, seizure list etc. were admitted into evidence and marked exhibits on behalf of the prosecution. The offending weapon i.e. the kateri was also produced in Court and marked material exhibit. The defense, on the other hand, examined four witnesses to prove the alibi that at the relevant period of time, the appellant Mabud was taking tea in the market when public attacked him for committing murder of Alezan and Mabud fled away. The learned Trial Court upon consideration of the evidence on record, found that the charge under Section 302 against accused Saleha Bibi was not established. Accordingly, she was acquitted. However, the learned Trial Court found the charge against the appellant was proved beyond doubt and recorded the order of his conviction and sentence which is impugned in this appeal.
(3.) There is no denial to the fact that death of Alezan was anti mortem and homicidal in nature. Her neck was slashed by a sharp cutting weapon and that was the cause of her death. There is no denial also to the fact that the alleged incident was not witnessed by any third person. The case is, to great extent, based on circumstantial evidence.;