ASHA ARORA,J. - (1.) The appeal is directed against the judgment and order of conviction and sentence dated 25th April, 2001 and 26th April, 2001 passed by the Additional Sessions Judge, 3rd Court, Bankura in Sessions Trial No.9(9) 1993 arising out of Sessions Case No.14(5) 1993 whereby the accused/appellant was convicted for the offence punishable under section 302 of the Indian Penal Code (hereinafter referred to as the IPC) and sentenced to suffer imprisonment for life and to pay a fine of Rs.10,000/ - in default of which to suffer simple imprisonment for one year for the aforesaid offence.
(2.) The factual scenario of the prosecution case in brief is as follows: On 10/12/1990 at 11.15 a.m. the complainant Bhairab Chandra Karmakar lodged a complaint at Gangajal Ghati P.S. stating that his sister deceased Malati Karmakar was given in marriage to the accused/appellant Gopi Jiban Karmakar of Jamgari village on 21st Jaistha, 1397 in accordance with Hindu rites and rituals. After marriage the accused started torturing his wife Malati. As there was 'badal' marriage between the complainant and the sister of the accused on one side and the accused and sister of complainant on the other side, the deceased would endure the torture inflicted upon her without a murmur. On the night of 9th/10th December 1990 the accused throttled his wife to death when they were together in their room. In the morning of 10th December 1990 the complainant was informed by Shibdas Karmakar of Jamgari village that his sister was throttled to death by the accused. On being so informed, complainant went to the house of accused and found his sister lying dead. It is the further case of prosecution that the accused confessed before the complainant that he had throttled his wife to death in the night since his family members would pressurize him to contribute more money towards household expenses.
(3.) On the basis of the FIR (Exhibit 2/1), lodged by the complainant Bhairab Karmakar (P.W.7), Gangajal Ghati P.S. Case No.71 of 1990 dated 10.12.1990 was registered against the accused/appellant under section 498A/302 of the IPC. After conclusion of investigation charge sheet was submitted against the accused/appellant under section 498A/302 of the IPC. The case being a Sessions triable one was committed to the Court of the Sessions Judge, Bankura wherefrom it was transferred to the Additional Sessions Judge, 3rd Court, Bankura for trial and disposal. The Trial Court framed the charge for the offence punishable under section 302 of the IPC against the accused/appellant who pleaded not guilty to the arraignment and claimed to be tried. In course of trial prosecution examined 13 witnesses and exhibited some documents. Out of these witnesses P.W.1 Gurupada Karmakar and P.W.2 Bijoy Karmakar are the neighbours of the accused who turned hostile during the trial. They stated nothing in aid of prosecution. P.W.3 Balaram Karmakar and P.W.4 Arati Karmakar are the parents of the accused who were declared hostile by prosecution for resiling from their earlier statement made before the Investigating Officer under section 161 of the CrPC. P.W.5 Sumitra Karmakar is the brother's wife of the accused. For obvious reasons this witness also turned hostile. P.W.6 Guiram Lohar a co -villager of accused is another hostile witness. P.W.7 Bhairab Karmakar is the defacto complainant and the brother of deceased victim. P.W.8 Sandhya Rani Karmakar is related to the deceased who she referred to as her 'pistoto nanad'. P.W.9 Banki Karmakar was tendered for cross -examination. P.W.10 Basudeb Karmakar is another witness who was declared hostile by prosecution. P.W.11 Constable Sudhir Kumar Jana brought the corpse of deceased for post mortem examination and identified the same to the Autopsy Surgeon. He also witnessed the seizure of the wearing apparels of the deceased. P.W.12 Constable Lakshmikanta Bera is another formal witness in whose presence the wearing apparels of the deceased were seized and P.W.13 Dr. J.N.Dey held post mortem examination on the corpse of deceased.;