ASHOK BAIRAGYA Vs. STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
STATE OF WEST BENGAL
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B.Panigrahi, J. -
(1.)This appeal assails the order of conviction dated 30th January, 1980 passed by the Ld. Sessions judge, Bankura and sentence to undergo rigorous imprisonment for life.
(2.)The prosecution story stated in brief is that deceased, Subhadra, the sister of P.W. 1 was given in marriage to the appellant Asok Bairagya on 9 Baisakh, 1892 B.S. After the marriage she used to live for sometime is his house and one month before the date of incident she came to the house of P.W. 1 accompanied by her father-in-law. On 7.8.85, the appellant came to the house of P.W. 1 and impressed his family members that he would take back Subhadra to his house and on his way would take her to the house of his Mashi (maternal aunt) at village Rasbehari within P.S. Kotulpur. On 9.8.85 at about 10 A.M. the appellant and P.W.1's sister, Subhadra proceeded from the house of P.W. 1 towards Mashi's house of the appellant. On the way around 3/5.30 P.M. one Sanyasi Mallick (P.W 6) saw both the appellant and deceased beyond Kotulpur. On the following morning that is 10.8.85 at about 6 A.M. the appellant came to the house of P.W. 1 with his brother, Dilip and narrated that before proceeding to the Mashi's house he and Subhadra went to watch a movie and while he was engaged in purchasing tickets, he found Subhadra missing. P.W. 1, his cousin brother Bipad Taran and the accused had set out in search of Subhadra. Despite thorough search they could not find Subhadra at Kotulpur. P.W. 1 informed about the missing of his sister at Kotulpur P.S. From there P.W. 1 and the appellant proceeded towards Khoondanga where they have been informed that a dead body of a female was floating in the river Darukeswar. Strong suspicion haunted in the mind of P.W. 1 that it might be the appellant who must have been the assailant of his sister. Therefore, he asked one Sushil Chakraborty to keep watch over the appellant and thereafter proceed to Nanager Ghat. They learnt from the villagers that a dead body wrapped in cloth was found floating. P.W. 1 moving towards the down-stream along the flank of the river Darukeswar finally traced the dead body of Subhadra at about 3.30/4 P.M. P.W. 2 who was deputed to Kotulpur, informed that a dead body of a female was floating in the river Darukeswar in the village Nanager Ghat. Immediately following such information the S.I came to the place of incident at about 2.45 A.M. P.W. 1 handed-over a written report to him on the basis of which Kotulpur P.S. Case No. 1, dated 11.8.85 was registered by P.W, 12 against the appellant. P.W. 15 investigated into the offence, held inquest over the dead body of Subhadra and examined witnesses. The dead body was sent for Necroscopic examination through the constable No. 983 Taraprasanna. In the mean while, the appellant was arrested from the village Khoondanga. P.W. 17 Dr. P.G. Bhattacharjee who conducted the Post-mortem examination over the dead body of Subhadra noticed that the death was due to manual strangulation, which was ante-mortem and homicidal in nature. From the Post-mortem report it further transpires that these injuries were sufficient in the ordinary courses of nature to cause death. After completion of investigation, the charge-sheet was placed against the appellant.
(3.)The appellant was prosecuted for committing the murder of his wife Subhadra punishable under Section 302 I.P.C. He, inter alia pleaded that he has been falsely implicated into this case. His defence plea is that the deceased, Subhadra a had clandestinely slipped away while the accused was engaged in purchasing tickets.
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