P.S.Datta, J. - (1.) The appellant Sahadeb Mondal @ Kshyapa Mondal feeling aggrieved with judgment of conviction under section 302 IPC and order of sentence of life imprisonment with fine of Rs. 5,000.00, in default, to suffer rigorous imprisonment of two years as was passed by learned Additional Sessions Judge-cum-Judge, E.C. Act on 20/12/2001 in Sessions Serial No. 67 of 1996 corresponding to Sessions Trial No. 1(5) of 2000 has preferred the appeal on two-fold grounds namely (i) the charge of murder was not proved through the evidence of the witnesses examined by the prosecution and (ii) that at the time of alleged commission of offence he had been suffering from insanity.
(2.) Sukumar Mondal of village Mankara under Police Station Berhampore of the district of Murshidabad lodged a written complaint with the O.C. Berhampore P.S. at 8.20 a.m. on 9/6/1987 alleging that at 3 a.m. Rabi, the eldest son of his elder sister Nirmala Mondal who was married to the appellant a couple of years preceding the happening of the incident came from Kalitala village to him and reported that the appellant herein had been assaulting his mother Nirmala. Sukumar Mondal being accompanied by Sudhir Mondal of his village, his mother and Rabi came to the house of the appellant where it was found through focussing a torch light by Sambhu Mondal that his sister Nirmala was lying dead on the floor with cut injury on throat and on different parts of the back deep bleeding injuries. The appellant fled away from the house but in the morning he was apprehended while he was found naked in the village Mankara and at the time of apprehension the appellant confessed to have murdered his wife by hasua by cutting her throat.
(3.) On this complaint (Ext. 1) Berhampore P.S. Case No. 13 dated 9/6/1987 was registered against the appellant under section 302 of the IPC and upon completion of investigation chargesheet was submitted against the appellant under that section of the law and the trial that followed ended in conviction and sentence of life imprisonment.;