- (1.) A very unfortunate story has been placed before us in connection with the present appeal preferred by Gopalji Bhagat, who was found guilty both under Sections 302 and 309 of the I. P. C. and was convicted accordingly by the learned Sessions Judge, cooch Behar in connection with sessions Trial No. 2 (6) of 1991 corresponding to Sessions Case No. 76 of. 1987 and was sentenced to suffer R. I. for life and also to pay a fine of Rs. 6,000/-, in default, to suffer R. I. for three years for the offence under Section 302 of the I. P. C. and he was further sentenced to suffer S. I. for one year for the offence under section 309 of the I. P. C.
(2.) ACCORDING to the prosecution case, the present appellant, Gopalji bhagat, was the husband of the deceased housewife, Lilabati, and on the date of the occurrence, which was 10th October, 1983, while Gopalji and Lilabati were in the same room, in the morning hearing the cry of Lilabati when the inmates of the house including the father of Gopalji came and got the door opened, to their utter surprise they found Lilabati already killed being inflicted with several injuries by a sharp-cutting weapon and Gopalji was unconscious on receiving several injuries on his person.
(3.) GOVINDAJI Bhagat, father of Gopalji, in his written F. I. R. , however, put the entire responsibility on his own son, Gopalji, alleging, inter alia, that since relation between his son, Gopalji, and his wife, Lilabati, was far from satisfactory and since Gopalji from the first day of his marriage had suspicion about the character of Lilabati, Gopalji Killed Lilabati and thereafter tried to commit suicide.;