A.K.Datta, J. - (1.)This Appeal is directed by the accused Kenaram alias Kinuram Majhi (hereinafter referred to as accused) against the judgment and order of conviction and sentence dated 6th July, 1981 passed by the learned Additional Sessions Judge, 1st Court, Alipore, 24-Parganas (South), in Sessions Trial No. 1 of May, 1981/Case No. 39 of April, 1981 before him.
(2.)The accused stood charged for an offence punishable under Section 304, Part-I, Indian Penal Code, (hereinafter shortened into I.P.C.) for having allegedly intentionally caused death to his wife Kabita Majhi (Naskar) on 18th September, 1979 with the knowledge that his act was likely to cause her death on the allegations made in the F.I.R.
(3.)It is alleged by the prosecution that the deceased Kabita was given in marriage with the accused about two years before her death by her mother Saraswati Naskar. Since the marriage, she used to be continuously tortured by her husband for which a village "Salish" took place. But despite the "Salish", the accused continued to torture his wife. On the fateful day on 18th September, 1979 at about 10 a.m., the accused, after pouring some poison in a glass had abused his wife filthily, and had asked and forced her to consume the same, which she had to do. As a result, she had died. Before her death she had stated to her mother about the incident. Her mother having lodged the F.I.R., the relevant case was started against the accused under Section 306, I.P.C.; and charge-sheet was eventually filed against him thereunder after the completion of investigation. The learned Trial Judge while taking up the case for consideration of charge had, however, framed charge against the accused for having allegedly committed offence punishable under section 304 Part-I, I.P.C., to which he pleaded not guilty and claimed to be tried. He, accordingly, had faced the trial on the said charge.
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