Indrajit Chatterjee, J. - (1.) We are hearing this appeal as against the judgment and order of conviction dated 21.09.2007 and 24.09.2007 passed by the Additional District and Sessions Judge 4th Fast Track Court, Jangipur in Sessions Trial No. 1/May/07 arising out of Sessions Case No. 19/07 by which the learned trial court was pleased to convict the present accused in respect of the offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as the "Code") and accused was sentenced to suffer rigorous imprisonment for life and he was also sentenced to pay fine of Rs. 5,000/- in default to suffer simple imprisonment for one year.
(2.) The case of the prosecution can be stated in brief thus.
(3.) That the accused was the husband of the victim, Ayesha Bibi and since last two months as per the F.I.R. this accused was staying at his father-in-law's house with his wife and children. On the date of incident which happened on 23rd May, 2006 at about 16 hours, this accused took his wife along with her two brothers, namely, Tarikul Seikh and Sarikul Seikh to the nearby feeder canal to take bath. When the accused and the victim were taking their bath, this accused suddenly sat on his wife and pressed her below the water thereby she was forced to dip. Apart from this, her head was rotated causing fracture of 4th and 5th cervical vertebrae.;