Joymalya Bagchi, J. - (1.) The appeal is directed against the judgement and order dated 19th/21st December, 2013 passed by the learned Additional Sessions Judge, Fast Track Court-1, Krishnanagar, Nadia in Sessions Case No. 136 (3) 2007 [Sessions Trial No. IV (May) 2007] 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.5,000/-, in default, to suffer further simple imprisonment for three years.
(2.) The prosecution case as alleged against the appellant is to the effect that the victim, Jayanti Shil was married to the appellant for the last twenty years. On the fateful night i.e. on 21st June, 2006 at about 10:00 P.M. over a family dispute the appellant became enraged and hit the victim in her abdomen with an iron rod. As a result the victim fell down on the courtyard and was shifted to Karimpur Hospital. On the next day she was shifted to Berhampore Sadar Hospital where she breathed her last on 23rd June, 2006.
(3.) Over the said incident Gopal Shil (PW1), the elder brother of the victim lodged FIR resulting in the registration of Murutia Police Station Case No. 48/2006 dated 26th June, 2006 under Sections 326/304 IPC against the appellant. In conclusion of investigation, charge-sheet was filed against the appellant under Sections 326/304 of the Indian Penal Code. The case being a sessions triable one was committed to the Court of Sessions and transferred to the Court of the Additional Sessions Judge, Fast Track Court-1, Krishnanagar, Nadia for trial and disposal. Charge was however, framed under Section 302 IPC. The appellant pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined 9 witnesses and exhibited a number of documents. The defence of the appellant was one of innocence and false implication. In conclusion of trial, the trial Judge by the impugned judgement and order dated 19th/21st December, 2013 convicted and sentenced the appellant, as aforesaid.;