GIRISH CHANDRA GUPTA, J. - (1.) On the basis of a statement made by Shrimati Asha Khatun on 17th September, 1999 a formal FIR was recorded and on that basis GR No. 1520/99 was started against the accused Buddhadev Karmakar. He ultimately was charged under Section 302 of the Indian Penal Code which culminated in an order of conviction followed by an order of punishment dated 5th April. 2004 by which the accused/appellant was sentenced to suffer rigorous imprisonment for life as also to pay a fine of Rs. 2.000/- and in default to suffer rigorous imprisonment for further six months. The accused/convict has now come up in appeal.
(2.) The case of the prosecution briefly stated is that on 17th September. 1999 at about 9.15 p.m. Shrimati Chayay Rani Pal alias Buri, aged about 45 years, a resident of room No. 8 of premises No. 19. Jogen Dutta lane, a three storied building in the red-light area, was sleeping in front of her room near the staircase. The room No. 8 is in the second floor of the premises. The accused Buddhadev had his concubine by the name of Shirmati Mangala Singh, a resident of one of the rooms of the second floor of the said premises. At that fateful time he came up to the second floor through the staircase and happened to trip upon Shrimati Chayay Rani Pal. An altercation followed. The accused in return kicked Shrimati Chayay Rani Pal with fists and legs. The victim fell down on the floor. The accused caught her by the hair and banged her head against the floor and the wall which left the victim bleeding from her ear. nose and head. Naturally a great hue and cry was raised. The informant Shrimati Asha Khatun, by occupation a maidservant, was already there in the second floor. She witnessed the entire incident from the first to the last and had also joined in shouting. The incident itself was a noisy one which coupled with the alarm raised by Asha attracted attention of the other inmates of the house and they had also collected at the place of occurrence. The prosecution story is that when a protest was raised the accused/appellant left the victim, pushed the onlookers and escaped from the second floor of the premises. He was ultimately arrested at about 2.15 a.m. from in front of 5, Jogen Dutta Lane. The victim was shifted to the hospital where she was declared dead.
(3.) The defence case is pure and simple denial.;