Joymalya Bagchi, J. - (1.) The appeal is directed against the judgement and order dated 7th/9th May, 1997 passed by the learned Additional Sessions Judge, 11th Court, Alipore, South 24-Parganas in Sessions Trial No. 1 (12) 96 convicting the appellant for commission of offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay fine of Rs.4,000/-, in default, to suffer further rigorous imprisonment for six months.
(2.) The appellant was called upon to answer the charges that on 2nd September, 1993 around 1:00 P.M. he had committed the murder of his wife, Ira Maitra by strangulation at Boral, Paschim Nischintapur, Majherpara, P.S. Sonarpur, Dist: 24-Parganas (South) and after commission of murder had caused disappearance of evidence in order to shield himself.
(3.) The genesis of the case can be traced to a written complaint lodged by the father of the victim namely, Ramanath Bhowmik (PW1) who alleged that the victim, Ira was married to the appellant. For the last 2/3 years the appellant tortured the victim with the ulterior motive of compelling her to sell their house at Boral which stood in the name of his daughter so that the said money can be misappropriated by the appellant. The victim refused to do so and was subjected to torture. It was further alleged that the daughter-inlaw of the de-facto complainant namely, Lata Bhowmik (PW4) informed him that around 12 noon the appellant entered his house before the incident. On the basis of the aforesaid written complaint, Sonarpur Police Station Case No. 318 dated 2nd September, 1993 under Section 302 IPC was lodged against the appellant. In conclusion of investigation, charge-sheet was filed against the appellant. The case being a sessions triable one was committed to the Court of Sessions and the case was transferred to the Court of the Additional Sessions Judge, 11th Court, Alipore, South 24-Parganas for trial and disposal. Charges were framed against the appellant under Sections 302/201 IPC. The appellant pleaded not guilty and claimed to be tried. It was his specific defence that he had gone out to work and upon returning home he found his wife dead with injuries on her neck. He immediately called out 'boudi boudi' and PW2 & 4, the sisters-in-law of the victim and others came to the place of occurrence. They sprinkled water but the victim remained senseless. He asked Lata Bhowmik (PW4) to inform his father-in-law (PW1) and Lata went over to his father-in-law's house. He left for his elder sister's house at P-38, Gariahat Road (South), Kolkata 31. He also informed the employees of the Co-operative Bank, Boral Branch which is near his house to inform Sonapur Police Station that his wife had died. He returned home along with his relations around 5-5:30 P.M. One and half-hour later police came and held inquest over the dead body. In the course of trial, prosecution examined 13 witnesses and exhibited a number of documents. The appellant however, sought to probabilise his case through effective cross-examination. In conclusion of trial, the trial Judge by the impugned judgement and order dated 7th/9th May, 1997 convicted and sentenced the appellant, as aforesaid.;