Ashim Kumar Banerjee, J. - (1.) PROSECUTION STORY
(2.) THE victim was living alone in her residence. Her relations were in the adjacent house. However, in the night, one of her relations, a minor girl, used to sleep with her. On and from September 30, 2010 the victim Basanti Baidya was not found alive. Her door was locked. After about 4 -5 days P.W. 35 while passing through the victim's house found a foul smell coming out of the house. After informing all, the doors could be opened when she was found lying dead. The accused Sudhir Mondal was staying in his house along with his wife Mamoni Mondal which was at the back of the victim's house. Sudhir and Mamoni left their residence in between September 30, 2007 and October 10, 2007. Subsequently, they were arrested. The key of the door that was locked, could be found from the house of Sudhir and Mamoni. The police also found the ornaments and T.V. belonging to victim missing. Those could be subsequently recovered from the possession of Sudhir and Mamoni. Both of them were tried under Section 302/34 I.P.C. They were also charged with an offence punishable under Section 380 read with Section 34 I.P.C. They pleaded not guilty and opted to be tried. P.W.1 Apurva Baidya was the son of Basanti. His father married thrice. He had one step sister Krishna Baidya from his father's first marriage. He was the son of the second wife. He had two full brothers and one sister namely Anadi Baidya, Avani Baidya (since deceased) and Sagorika Baidya (since married). From the third marriage he had three step brothers and one step sister. They were all residing on the same plot of land having separate houses. Basanti was staying alone. She was doing her household job by herself. On October 05, 2007 at about 10 a.m. Amitosh Baidya, his son reported some bad smell coming out of the house of Basanti. The front door was closed. However, the back door was open. He immediately rushed to the local Pradhan Babul Biswas and reported the matter. He came back and with the help of the neighbours, other brothers and family members, entered the room through the back door and found his mother lying dead on the cot. He reported the matter to the police. He also disclosed about the missing articles. He identified the dead body before the Autopsy Surgeon. He also identified the accused in Court.
(3.) P .W.2 Sumitra Baidya was a mid -day meal cook in the nearby school. She also corroborated her husband P.W.1. P.W.3 Babul Biswas was the Panchayat Pradhan. He deposed, Apoorva and Akhil came to his office and reported, their mother could not be traced out for last 3 -4 days. They were also getting foul smell from the house. He advised them to immediately go and check. Then the police arrived at his Panchayat office and with the police he went to the house of Basanti where the dead body could be recovered. He identified his signature when Mamoni was arrested in his presence. She confessed having the key of the lock concealed in her house wherefrom the key was recovered by the police. He signed the seizure list. Mamoni brought the key from inside and handed over the key to the police. P.W.4 Srinivas Rao was also a neighbour. He was a seizure witness. In cross -examination he deposed, he was outside the house of Mamoni accompanied by SHO, Diglipur P.S. when others entered the house of Mamoni. P.W.5 Akhil Baidya is also a son of the victim. He corroborated his brother and the sisters -in -law being the P.W.1 and P.W.2 and the other local witnesses. P.W.6 Ashim Baidya is also a son of the victim. He corroborated the other witnesses. P.W.7 Basanti Baidya was the wife of Akhil being P.W.5. She also corroborated the other witnesses. She made a voluntary statement to the effect, while she was coming back from the school after putting her son in the school she got the foul smell and reported it to her husband. She also found the T.V. missing in the room, the suitcase belonging to her mother -in -law was also under broken condition.;