Samapti Chatterjee, J. - (1.) THE instant appeal is directed against the Judgment and Order of conviction passed in Sessions Trial being No. 4 (01) of 2008 arising out of Sessions Case No. 99(5) of 2007 passed by the Learned Additional Sessions Judge, FTC -III, Krishnanagar, Nadia on 18th May, 2009 & 19th May, 2009 holding the accused/appellant guilty of offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life and also to pay fine of Rs. 50,000/ - for commission of offence punishable under Section 302 of the Indian Penal Code and in default of payment of fine, he must undergo simple imprisonment for four year. The realised fine is to be paid to the wife of the deceased towards her compensation.
(2.) THE case of the prosecution is as follows: - On 04.11.2000 one Kalpana Ghosh, aged about 33 years, resident of Chakundi under P.S. -Kaliganj, District -Nadia lodged a complaint to Kaliganj Police Station to the effect that on 03.11.2000 at about 7 p.m. she and her husband on their way back home from her father's house at Gabhipur got down from bus at Majher Gram and through Ghorai Khetra they were approaching home. After walking across Ghorai Khetra at around 8 p.m., when they were near Hajambari Dahar they noticed four or five persons standing on the road. As they were nearing them, Ayat Ali of Shantipur caught hold of her husband and Anes, son of Nobi of Ghorai Khetra kept on striking her husband with a hansua. Other persons kept on striking her husband. She, shouted and came towards village to call people for help. She further stated in her complaint that her husband had enmity with Ayat Ali and Anes Ali. When she came back with the villagers again at the place of occurrence she found the dead body of her husband lying in adjacent mango orchard. The accused persons fled away after murdering her husband. On the basis of the said complaint police started investigation of Kaliganj P.S. Case No. 248 of 2000 under Section 302/34 of the Indian Penal Code. This case was registered as G.R. Case No. 1755/2000. After completion of investigation police submitted charge -sheet under Section 302/34 of the Indian Penal Code against the accused persons including the present appellant. Accordingly trial started and after completion of trial out of three accused persons two accused persons namely 1. Sabuj @ Safijul Mallick and 2. Jamaluddin Sk. were acquitted and the present appellant Ayat Ali Seikh was convicted as aforesaid.
(3.) P .W.1 is the wife of the deceased. In her deposition she stated that on 3rd November, 2000 at about 7 to 7.30 p.m. she and her husband (Sashthi Ghosh) with one Charan Ghosh were coming from Gabhipur to Chakundi. On the way accused Ayat Ali and Anes Ali forced her husband to get down from the cycle. Then accused Ayat Ali and Anes Ali started to strike on the body of her husband by one 'Dao' and the deadbody of her husband was found under a mango orchard. She further stated that the village people came and took the dead body of her husband therefrom. After seeing that she lost her sense. She further stated that the incident was reported to the police station. One Dinanath Mandal scribed the complaint as per her instruction and she put her LTI over the complaint. She further stated that those two persons had access in their house and they were very much known to her and her husband previously. She could not narrate any reason behind the assault of her husband by the accused persons. She further deposed that she and her husband were coming on cycle and Charan Ghosh was also on another cycle. She also stated that she did not write in the complaint coming from Gabhipur they got down from bus near Majher Gram. She further deposed that she did not try to save her husband and sit at that place. Thereafter villagers came there after 10 minutes and body of her husband was taken to the house by them. On that night she did not go to the police station but she had a talk with police. She also failed to explain whether the cycle was seized or not by the police. She further stated that her husband was an accused in a murder of Anlae Sk of village Sitachandanpore, elected member of village Panchayat. She also disclosed that there was a dispute with people of Santipore regarding theft in a shop room of Azad Sk. She further deposed that she did not know other people of their place but she heard the name of Anu Sk. who was a notorious person. She also deposed that she had no idea if there was any dispute between her husband and Anu Sk and Khedu who are notorious persons. She further deposed that her husband was forcefully brought down from the cycle by the accused persons on that winter evening. On the said road many houses were situated there as the people of that area used to take that road for catching bus.;