Mir Dara Sheko, J. - (1.) This criminal appeal is preferred on the grounds set out in the memorandum of appeal by the convict/appellant on bail assailing the judgment of conviction dated 12.06.2015 passed by learned Additional Sessions Judge, 1st Court, Alipore in District 24-parganas (South) in Sessions Case no.27(12) 2011 (Sessions Trial No.-02(04) 2014) by which the appellant was sentenced on 15.06.2015 to suffer Life imprisonment with fine for the charge under Section 302 of the Indian Penal Code only, since the appellant was acquitted from two other charges punishable under Sections 498-A and 201 of the Indian Penal Code.
(2.) Instead of repeating the given fact, the charges bearing the extract of the fact, as were framed on 13.02.2012 against the appellant, are set out:- "Firstly, That you after 23.00 hours on 08.05.2011 and any time before 08.00 hours on 09.05.2011 with an intention to commit murder of Smt. Manju Dwivedi, aged about 34 years, your wife, who was residing with you in your Quarters No. T- 9, Light Regiment, Rashapujna, P.S. Bishnupur, District- South 24 Parganas intentionally caused pressure over her neck by broad, soft, flexible object leading to her violent death and Smt. Manju Dwivedi on being removed in such condition to Command Hospital (E.C), Alipore, Kolkata-700027on 09.05.2011 at about 10.30 A.M. was declared found dead, and thereby you committed murder by intentionally causing death of your wife Manju Dwivedi and thereby committed an offence punishable under section 302 of Indian Penal Code and within the cognizance of this Court. Secondly, That since sometime after your marriage on 9th day of December, 1998 and while you were residing at T-9, 1831 Light Regiment, Rashapunja, P.S. Bishnupur, District-South 24 Parganas being the husband of Smt. Manju Dwivedi subjected your wife to cruelty both mental and physical as she had no issue and also on one pretext or another and that you thereby committed an offence punishable under section 498A of the Indian Penal Code and within the cognizance of this Court. Thirdly, That you on or about 08.05.2011 after 23.00 hours or/and any time on 09.05.2011 before 8.00 hours at Quarters No. T-9, Light Regiment, Rashapujna, P.S. Bishnupur, District- South 24 Parganas knowing that an offence of murder of your wife Smt. Manju Dwivedi, D/o. Dr. Laxmi Nand Negi, punishable under section 302 IPC with death or imprisonment for life having been committed by you, did cause certain evidence of the said offence to disappear to wit any broad, soft, flexible object by which you pressed her neck and caused her death, with the intention of screening yourself from legal punishment and you thereby committed an offence punishable under Section 201 of the Indian Penal Code and within cognizance of this Court."
(3.) Since either the State, or, the de-facto complainant did not prefer appeal against the order of acquittal in respect of the abovementioned 2nd and 3rd charges, discussion over any allegation attracting those charges under Sections 498A or 201 I.P.C shall remain out of purview of this appeal. Therefore, as indicated in the charge so framed, it would remain for consideration, whether the death of wife of the appellant, as taken place between 23- 00 hours of 08.05.2011 and before 08-00 hours on 09.05.2011 within the quarters of the appellant situated at Rasapunja under police station Bishnupur District South 24 Parganas, was homicidal as a resultant effect of putting "pressure over her neck by any broad, soft, flexible object.";