D.P.Sengupta, J. - (1.) This appeal is directed agianst the Judgment and order of conviction and sentence dated 9.2.2001 and 12.2.2001 passed by the learned Additional Sessions Judge, 2nd Court, Howrah in Sessions Trial No. XXIV (1) of 2000 thereby convicting the accused appellant under section 302 and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs. 2,000/-, in default to suffer R.I. for a further period of six months.
(2.) The prosecution case, in short, is that on 29.7.96 at about 23.00 hours a case was registered with Liluah Police Station on the basis of an information lodged by Santosh Kr. Bhowmick (P.W.1). In the First Information Report it was alleged that accused Samir Chatterjee and his wife approached P.W. 1 for a tenanted room and accordingly a room with tin shed and split bamboo fencing was let out by P.W. 1 to the accused person at a rental of Rs. 150/- per month. It was further stated in the FIR that for the last few days, a quarrel was going on between the husband and the wife. On the date of incident at about 8.10 P.M. another tenant namely Smt. Gita Singh (P.W.2) informed P.W.I that she found the accused running away and she also asked P.W. 1 as to what was the reason for such running away of the accused person. Immediately thereafter, P.W. 1 alongvwith his wife and P.W.2 Gita Singh rushed to the room of accused Samir and found that the wife of the accused was lying on the floor with bleeding injuries and she was found dead. A blood stained katari was also lying by the side of the deadbody. The informant (P.W.I) alongwith other tenants searched for accused Samir Chatterjee but he could not be found. It was also stated in the FIR that a quarrel was going on between the accused and his wife for the last few days over the issue of illicit relation of victim Dipali with another person.
(3.) On completion of investigation, charge-sheet was submitted under section 302 IPC and charge was framed under section 302 IPC, by the learned Trial Judge.;