JUDGEMENT
Joymalya Bagchi, J. -
(1.) The appeal is directed against the judgment and order dated 29.08.2012 passed by the learned Additional Sessions Judge, Fast Track Court I, Purulia in Sessions Case No. 132/10 in Sessions Trial No. 23/10 convicting the appellant for commission of offence punishable under Sections 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs.10,000/- in default, to suffer rigorous imprisonment for six months more.
(2.) The prosecution case as alleged against the appellant is to the effect that appellant had married to the victim Guria Sahis in 2000 out of a love affair. Two sons were born to the couple. Three months prior to the incident, the appellant started suspecting his wife's and there were quarrels amongst them. One month prior to the incident the appellant withdrew from the company of the victim who resided separately at her paternal home. In the night of 30.03.2010 the appellant arrived at the paternal home of the victim and found that the victim had gone out to celebrate Mahabir Jhanda wearing salwar kameez. The appellant rebuked her for wearing salwar kameez and thereafter both of them went to the matrimonial home. After some time they returned to the paternal home of the victim and started quarreling. Thereafter they went out to lodge complaint. Neither the victim nor the appellant returned and upon search brother of the victim Chhutu Sahis (P.W.1) saw the appellant dragging the victim by her leg. He returned home and narrated the incident to others. In the meantime, the appellant went to Purulia P.S. at 5.15 A.M. and admitted his guilt before the police officer. Such fact was diarized and P.W.14 went out to work out the information and found the dead body of the victim near the wood apple (bel) tree in the locality. Inquest was held over the dead body of the victim. In the meantime, on the written complaint of P.W.1 Chhutu Sahis, Purulia P.S. Case No. 48/10 dated 31.03.2010 under Section 302 of the Indian Penal Code was registered. The appellant was arrested. He was forwarded before the Magistrate with a prayer for recording his judicial confession which he declined.
(3.) In conclusion of investigation, charge-sheet was filed under Section 302 of the Indian Penal Code against the appellant. The case was committed to the Court of Sessions and transferred to the Court of Additional Sessions Judge, Fast Track Court No. 1, Purulia for trial and disposal. Charge was framed under Section 302 of the Indian Penal Code. The appellant pleaded not guilty and claimed to be tried.;
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