- (1.) THIS appeal has been preferred against the judgment dated 11-9-2003 and order dated 12-9-2003 passed by the learned Additional sessions Judge, Midnapur in Sessions Trial no. VII (Feb.) 2002.
(2.) GOPAL Porey alias Paria was charged under Section 302 of the Indian Penal Code for intentionally and knowingly causing death of Smt. Leela Chakraborty, wife of Shri shibram Chakraborty on 27th April, 2000. The learned trial Judge by a judgment and order dated 11th September, 2003 held the charge to have duly been proved and convicted the accused. By an order dated 12th september, 2003 the accused was sentenced to suffer rigorous imprisonment for life as also to pay fine of Rs. 2,000/-, in default, to suffer rigorous imprisonment for a period of three months. It is against this conviction and sentence that the present appeal has been preferred.
(3.) THE prosecution case briefly stated is as follows :-The accused enamoured by the looks of the deceased would frequently visit the house of couple. His visits were resented. On 27th April, 2000 at about 8 A. M. in the morning the accused went to the house of the deceased, when she was alone, with a bhojali in his hand and started striking with the deadly weapon indiscriminately, Which resulted in profuse bleeding and extensive cut injuries. Startled by the alarm raised by the deceased as also her children, who had by that time returned from school, her husband Shibram, the de facto complainant, rushed to the place of occurrence and tried to resist the accused. The accused sought in return to inflict injury on the husband. He somehow escaped. The accused thereafter fled away from the place of occurrence. When the victim was taken to the hospital she died within hours.;