ASTHAPADA SARDER Vs. STATE OF WEST BENGAL

LAWS(CAL)-2009-9-94

HIGH COURT OF CALCUTTA

Decided on September 23,2009

Asthapada Sarder Appellant

VERSUS

STATE OF WEST BENGAL Respondents

JUDGEMENT

A.K. Banerjee, J. - (1.) BACK DROP Smt. Karuna Sarder, the victim, was married to one Robin Sardar. After the death of Robin, Karuna felt it difficult to stay in the in -law's place because of the constant torture by her in -laws including her brother in -laws Chintamani and Asthapada. When the situation became beyond control, Karuna left her in -law's place along with her eldest daughter Asima and then started residing with her parental family. In 1992, Asthapada and Chintamani wanted to have a negotiation for amicable settlement with Karuna. They asked the family members of Karuna to send her back along with her children.
(2.) SCENE ONE On April 20, 1992 Jagannath Biswas (PW -1), Biswanath (PW -4), Kashinath (PW -6), Lakhman and their sister in -law Sandhya Biswas (PW -5) took Karuna and her four children with them and escorted them to her in -law's place. At about 5:15 p.m. they reached the place of occurrence when Asthapada and Chintamani resisted Karuna from entering the house. Karuna wanted to assert her right to enter into the house claiming to be her husband's house when Chintamani took out a sharp weapon (Katari) hidden under his dhuti and hit Karuna. Her head was chopped off, her fingers were cut into pieces and needless to say Karuna died on the spot. Jagannath tried to resist Chintamani when Asthapada attacked him with another sharp weapon (Hasua ) causing injury on his hand. According to Jagannath, both the accused threatened by them with dire consequence.
(3.) SCENE TWO The villagers were gossiping at a tea stall being PW -2, PW -3 and PW -9. They heard a murmur that murder had been committed. Chintamani then appeared with the weapon and confessed, "we killed our younger sister in -law (Bhadra Bow)". Noor snatched the weapon from the hand of Chintamani and kept it in the nearby literacy centre wherefrom the police seized the same. Chintamani then boarded a bus for approaching the police station to surrender himself.;

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