JOYMALYA BAGCHI,J. - (1.) The appeal is directed against the judgment and order dated 28.4.2010 and 29.4.2010 passed by the learned Additional Sessions Judge, Fast Track, 3rd Court, Paschim Medinipur in Sessions Trial No.XXV/January/2009 convicting the appellant for commission of offence punishable under Section 498A/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 rigorous imprisonment for five months for the offence punishable under Section 302 of the Indian Penal Code and to suffer rigorous imprisonment for three years and to pay a fine of Rs.1,000/- in default to suffer rigorous imprisonment for two months for the offence punishable under Section 498A of the Indian Penal Code. Both the sentences to run concurrently.
(2.) Prosecution case as against the appellant is to the effect that 14 years prior to the incident, victim Anjali Singha (Sudhakaran) was married to the appellant. Two children viz., Sumit K. S., P.W.8 and Suman K. S., P.W.10 were born to the couple. The appellant was a driver and used to subject the victim to physical assault in inebriated condition. On 31.8.2008 the appellant assaulted the victim and to save her life she took shelter in the house of Gopal Ch. Paria, P.W.9. K. T. Shila, P.W.21, sister of the victim took her to hospital and subsequently the victim took refuge at the residence of his brother, P.W.1. On the fateful day i.e. on 12.9.2008 at around 11/11.30 a.m., appellant came to the house and tried to take the victim away. The victim refused to go with the appellant till he stopped drinking. Thereafter, in the evening at around 5/5.30 p.m., he again came to the house of the P.W.1 and cut the throat of the victim with a blade. The victim was shifted to hospital where she was declared dead. On the written complaint of P.W.1, brother of the victim, first information report being Kharagpur P.S. Case No.215 of 2008 dated 12.9.2008 under Sections 498A/302 of the Indian Penal Code was registered for investigation. In conclusion of investigation, charge sheet was filed against the appellant and charges were framed under the aforesaid provision of law. The appellant pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined 25 witnesses and exhibited number of documents. In conclusion of trial, trial court by judgment and order dated 28.4.2010 and 29.4.2010 convicted and sentenced the appellant, as aforesaid.
(3.) Mr. Moinak Bakshi, learned Counsel appearing for the appellant argued that there is no evidence that the appellant tortured on the victim demands of dowry and the ingredients of the offence is punishable under Section 498A of the Indian Penal Code. Manner and circumstance in which the deceased suffered injuries on 12.9.2008 does not show that the attack on her was either premeditated or the appellant had intended to murder the victim. On the other hand, it appears that the appellant who had a drinking habit was enraged as his wife refused to return to the matrimonial home. Accordingly, in a fit of rage, he had struck at her neck resulting in her death. The appellant had not run away from the spot. On the other hand, he expressed remorse and confessed his guilt to local people. Hence, he prayed for acquittal.;