Gobinda Chandra Chatterjee, J. - (1.) Abdul Aziz (P.W. 1) owns a cycle repairing shop at Kamarpara, P.S. Raninagar, District Murshidabad. On 19.1.1976 at about 8 a.m. Bablu Sk., his son-in-law came to his cycle repairing shop at Kamarpara, tightened his bicycle with a wrenchT and went straight to the house of Abdul Aziz. About an hour thereafter Abdul AzizTs son Abdul Khaleque (P.W. 71 came to his shop and reported that Bablu Sk. had fled away after stabbing his sister Minu Sibi wife of Bablu Sk. Abdul Aziz came to know further that Bablu Sk. pressed Minu Bibi for going back to her husbands home at Nandirvita Bansgara, that Minu had refused to go there and that in course of altercation Bablu struck Minu with a knife. At that time there were only female members in the house and no male member was present.
(2.) The above is an account of the prosecution case which is adumbrated in the F.I.R. (Ext. 1). As soon as Abdul Aziz went to his house he found his daughter Minu lying on the verandah with a pool of blood. He tried to take her to the nearest hospital but in vain. Minu Bibi succumbed to her injuries before she could be taken to the hospital. Two hours thereafter Abdul Aziz rusted to the police station where he lodged the F.I.R. (Ext. 1). On the basis of the F.I.R., P.R. Biswas (P.W. 13) S.I. of Police started Raninagar P.S. Case No. 5 dated 19.1.1976 under section 302 Indian Penal Code against Bablu Sk. As the C.C. of the P.S. was absent this S.I. took up the investigation of the case himself, went to Kamarpara at about 1 p.m., held inquest on the dead body of Minu, sent the dead body for post-mortem examination to Lalbagh Morgue through constable No. 72 Manindralal Mohori. The S.I. then prepared a sketch map of the P.O., seized some blood stained earth and controlled earth from the verandah of the house of Abdul Aziz, also seized the blood stained wearing apparels of the deceased and also seized the knife with which Minu was struck by Bablu Sk. On the next day i.e. 20.1.1976 he recorded the statement of the witnesses. In due course a charge-sheet was submitted under section 302 Indian Penal Code against Bablu Sk. Thereafter Bablu Sk. was committed to the Court of Sessions at Murshidabad to face his trial there for the offence under section 302 Indian Penal Code. Before the learned Sessions Judge, Murshidabad the accused took the plea that he had been to the house of Abdul Aziz on the morning of 19.1.1976 for the purpose of bringing back his wife and that while he was so dragging his wife for that purpose Abdul Khaleque brother of the deceased brought out a knife in order to stab the accused Bablu Sk., that Minu Bibi stood on his way and while she tried to save her husband the knife of Abdul Khaleque which was aimed at Bablu Sk. accidentally hit Minu Bibi and she died as a result thereof. Before the learned Sessions Judge as many as 15 P.Ws. including the police officers and doctor were examined. The learned Sessions Judge disbelieved the defence version of the case, relied upon the testimony of the 14 P.Ws. and convicted Bablu Sk. of the offence under section 302 Indian Penal Code and sentenced him to life imprisonment. Being aggrieved thereby Bablu Sk. has preferred this appeal on the grounds inter alia that the learned Sessions Judge ought to have acquitted him of the offence with which he was charged.
(3.) Mr. Safiullah, learned advocate appearing for the appellant has contended that the defence version of the case which appears to be quite probable ought to have been relied and acted upon by the learned Sessions Judge. We have seen that according to the accused time and place of the alleged occurrence were all true. According to the accused appellant Minu Bibi was struck by the self-same knife not by him but by her brother Abdul Khaleque accidentally.;