P.S.BANERJEE,J. - (1.) THIS appeal as per S.374 of the Criminal Procedure Code is directed against order passed by the Ld. Sessions Judge at Port Blair in connection with Sessions Case No. 13 of 2002 (Sessions Trial No. 31 of November, 2003).
(2.) BY the said judgment, the appellant was found guilty for the offence under S.302 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for life and also to pay fine of Rs. 5000/- in default, he was directed to suffer simple imprisonment for three months. The fact leading to filing the instant appeal may be summed up thus: One Surabala Harizan lodged one oral complaint before the police which was reduced into writing and the same was treated as FIR. In the said complaint which is genesis of the sessions trial, the de facto - complainant stated that the deceased Reeta, who was her daughter, married the present appellant without their consent and after the marriage, the said Reeta gave birth to a son. When the alleged incident took place, Reeta was pregnant. It has been mentioned in the complaint that 12-13 days prior to the incident, the deceased left her matrimonial house alone. The appellant came to the house of his mother inlaw i.e. the de facto - complainant and kept his son in her custody and went away in search of his wife. 3-4 days thereafter, the appellant came to her mother inlaw's house with his wife Reeta. The said fact of missing of the deceased was duly entered into the G.D at P.S. When de facto - complainant asked for explanation from her daughter she answered that as her husband had doubt about her character and as she was assaulted by her husband she had to leave her matrimonial house. They were prevailed over by the de facto - complainant and subsequently they left her house with their child. On 20th November, 2001, she came back from Kadamtala and found her daughter Reeta and appellant in her house. Manoranjan i.e. the appellant disclosed his intention to live there with his son and wife to avoid further trouble in between them. On the same day there were repeated altercations in between the deceased and the appellant.
(3.) ON the next day i.e. 21st November, 2001 at about 4 a.m., the accused who stayed there on the previous night told her that he intends to go at Nimbutala and accordingly left the house. At about 6.30 a.m. he returned to the house. At that time the deceased was washing her face. The de facto - complainant was preparing the food. The appellant asked his wife to provide him with food and for that Reeta entered in the kitchen. She heard quarrel in between the appellant and the deceased in low voice in the kitchen and thereafter she heard the cries of her daughter. Immediately, she rushed to the kitchen and on her way, her son inlaw dashed against her after coming out from the kitchen hurriedly. Thereafter the appellant fled away. The de facto - complainant found her daughter lying in the kitchen with bleeding injuries when she entered in the kitchen. She noticed one blood stained Dao/Ballam lying by the side of the victim. She came out from the room and narrated the incident to the neighbours and she thereafter, went to the house of Anil Bepari. Subsequently the P.S. was informed over phone by the landlady. She arranged for a jeep to take her daughter for medical treatment but in the meantime she succumbed to the injuries.;