Jay Sengupta, J. - (1.)This appeal is directed against the judgment and order of conviction dated 30.11.2007 and sentence dated 01.12.2007 passed by the Learned Additional Sessions Judge, Kalimpong, Darjeeling in Sessions Case No. 10/2006, thereby convicting the appellant under Section 302 of the Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs. 10,000/- , in default to suffer a further rigorous imprisonment for two years. By the same judgment and order, the appellant was acquitted from the charge under Section 498A of the Penal Code.
(2.)On 15.05.2006 at about 12.15 hours PW 11, the local Panchayat Pradhan lodged a First Information Report with the Officer-in-Charge of the Jaldhaka Police Station against the appellant under Sections 498A and 302 of the Penal Code. It was alleged that at about 9.00 hours on that day two local men came to the de facto complainant and informed him about the death of the victim Santa Rai. PW 11 went to the victim's house and found her deadbody lying on the bed. Upon an enquiry with PW 9, he learnt that on 14.05.2006 at night the appellant had assaulted his wife, the victim/deceased after chasing her from one place to another. Upon query, the appellant admitted before PW 11 that he had killed the victim.
(3.)Investigation commenced. PW 13 conducted an inquest over the deadbody of the victim on 15.05.2006 at about 9.45 hours in connection with a UD case in presence of PWs 1, 2, 3, 4 and 11. PW 13 came to the shop of the appellant and found the deadbody lying in the bed room. The preliminary investigation revealed that on the fateful night there was a quarrel and a fight between the appellant and the victim that culminated in the death of the victim. A post-mortem examination over the deadbody was conducted on 16.05.2006 at about 14.00 hours. Several injuries were found on the body of the victim. It was opined that the death was due to the effects of injuries, which were ante-mortem and homicidal in nature. A charge-sheet was submitted after completion of investigation. On 27.11.2006, charges were framed against the appellant under Sections 498A and 302 of the Penal Code. The appellant pleaded not guilty and claimed to be tried. During trial, the prosecution examined sixteen witnesses to establish its case. The defence case was mainly that of a denial of the prosecution case.