Asha Arora, J. - (1.) THIS is yet another sordid incident of a hapless wife being battered to death by her unscrupulous husband on the fateful night of 20th November, 2004.
(2.) THE appeal at the instance of the accused/appellant is directed against the judgment and order of conviction and sentence dated 6th December, 2006 passed by the Additional Sessions Judge, Fast Track Court - II, Sealdah in Sessions Trial No. 7(4) of 2005 arising out of Sessions Case No. 103(3) of 2005. The appellant has been convicted for having committed an offence punishable under Section 302 of the Indian Penal Code (for short referred to as the I.P.C.) and sentenced to suffer imprisonment for life with a fine of Rs. 10,000/ - in default of which to suffer imprisonment for one year for the aforesaid offence. Prosecution version sans unnecessary details is that the accused Charanjit Sen would often abuse and assault his wife deceased Mantu Sen. There was dispute between them over the ownership of two Matador vehicles which stood in the name of the victim who refused to transfer one of those vehicles in favour of the accused as demanded by him. Accused also suspected the fidelity of his wife. Due to such strained relation, the deceased victim started residing separately at 5/2H Loknath Bose Garden Lane along with her son Sayan Sen (P.W 3) and a daughter Rishika Sen (D.W 1) while accused used to reside at 12/1 Mahendra Roy Lane. It is the further case of the prosecution that despite residing separately, accused would often threaten and abuse the deceased. Finding no other alternative the deceased victim made a written complaint at Topsia Police Station on 17/11/2004. On the date of incident that is, on 20/11/2004 at about 9.30 p.m accused made abusive phone calls to the deceased victim from a telephone booth near his house at Mahendra Roy Lane. Accompanied by her son Sayan Sen (P.W 3) the victim went to the said telephone booth. After some time they met the accused who abused her. The victim then went to Topsia Police Station with her son to report about the matter. On their way back they again met the accused who in course of quarrel threatened to kill the victim. When they approached their old house, accused asked the victim to remain there while he would call his mother to settle the matter. After some time the accused came out from the house with a 'bathi' and kicked the victim on her belly on account of which she fell down. Accused then inflicted blows at random with 'bathi' on the victim's head in consequence of which she sustained severe bleeding injuries and died on the spot.
(3.) ON the basis of the statement of Sayan Sen (P.W 3), recorded by S.I Proloy Bhattacharya (P.W 26), Topsia Police Station Case No. 139 of 2004 dated 21/11/2004 was initiated under Section 302 of the I.P.C. against the accused/appellant who was arrested on 27/11/2004 from a 'Dhaba' at Kharagpur in the district of Midnapore (West). Investigation culminated in the submission of the charge -sheet under Section 302 of the I.P.C. against the accused/appellant.;