- (1.) In the instant appeal the appellant has challenged the judgment of conviction and order of sentence dated 22.06.2011 / 23.06.2011 passed by the Ld. Additional Sessions Judge, 2nd Court, Suri, Birbhum in Sessions Trial No.4(2)2011 arising out of Sessions Case No.212 of 2010 convicting him u/s 302 Indian Penal Code and sentencing him to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/-, in default to undergo rigorous imprisonment for 6 months for the offence u/s 302 I.P.C.
(2.) Put in a short frame, the prosecution case runs as under :- The de-facto complainant Sadananda Bhattacharyya of village Chandrapur lodged a written complaint before the O.C. Mohammad Bazar Police Station to the effect that on 20.08.2010 at about 8 AM he found the dead body of Fulmoni Mahali, wife of Lakhai Mahali was lying on the veranda of their house sustaining multiple injuries. On 19.08.2010, after returning home from work, Lakhai Mahali demanded money from his wife Fulmoni Mahali but she could not give him money and for that her husband assaulted her. In the following morning her dead body was found lying in the courtyard of their house.
(3.) On the basis of such written complaint Mohammad Bazar P.S. Case No.72/10 dated 20.08.2010 u/s 302 I.P.C. was registered. That case was investigated into and on completion of investigation charge sheet was submitted u/s 302 I.P.C. against the present appellant. Thereafter, the case was placed for trial before the Ld. Additional Sessions Judge, 2nd Court, Suri, Birbhum who framed charge u/s 302 of the Indian Penal Code against the present appellant and after conclusion of the trial, he held the appellant guilty and convicted him as aforesaid.;