DEBASISH KAR GUPTA , J. - (1.) This appeal is directed against conviction of the appellant for commission of offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as the I.P.C.) and sentenced to suffer rigorous imprisonment for life as also to pay a fine of Rs.10,000/ - in default to suffer rigorous imprisonment for a further period of six months passed by the Additional Sessions Judge, Kandi, District -Murshidibad in Sessions Trial No.4 of April, 2005 arising out of Sessions Serial No.20 of 2005 on August 20, 2005.
(2.) According to the prosecution case, on July 23, 2001 in the morning one Gaya Das (the deceased), wife of Banneswar Das of Bodpur, Police Station -Bharatpur, District -Murshidabad, after sweeping the courtyard of the residence was cleaning the utensils. At that point of time her two sons were present there. She was taken by her brother -in -law (the appellant) to their agricultural land. After some time, when the aforesaid two sons noticed that their mother (the deceased) was not returning back, the younger son (PW 14) proceeded towards their agricultural land. He found that his uncle (the appellant) was assaulting his mother indiscriminately with a sharp cutting weapon "henso". The PW 14 rushed to the field where his father was working. After getting the above information his father (PW 4) arrived at the place of occurrence and found the dead body of the victim.
(3.) According to prosecution case, there was an extra marital relationship in between the deceased and the appellant. Subsequently, a further extra marital relationship was developed in between the deceased and an another person of the same village which was the cause of brutal killing of the deceased by the appellant.;