Joymalya Bagchi, J. - (1.)The judgment and order dated 17.05.2013 and 18.05.2013 passed by the learned Additional Session Judge, Fast Track Court, Dubrajpur, Birbhum in Sessions Case No. 43 of 2009 corresponding to Sessions Trial No. 03/March/2009 convicting the appellant for commission of offence punishable under Sec. 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs.5,000.00, in default to suffer rigorous imprisonment for four months has been assailed.
(2.)The prosecution case, as alleged, against the appellant is to the effect that the appellant had married Shyamali about 18 years ago. Two daughters and one son was born to the couple. Ten years prior to the incident the appellant had sold his house and shifted to a plot which was gifted by his father-in-law adjacent to the residence of his in-laws. Two years prior to the incident, Shamali developed an illicit relation with one Dhulan Sk. of village Sija. Over such issue quarrels took place between the appellant and Shyamali. In the night of 10/11.08.2009 appellant murdered Shyamali by throttling her with a napkin (gamcha). Appellant admitted his guilt in front of the police and villagers. Over the incident, cousin of the victim Madhusudhan Hazra (P.W. 1) lodged FIR resulting in registration of Dubrajpur P.S. Case No. 73/07 dated 11.08.2007 under Sec. 302 of the Indian Penal Code. In conclusion of investigation, charge-sheet was filed and the case was committed to the Court of Sessions and transferred to the Court of the learned Additional Sessions Judge, Fast Track Court, Dubrajpur, Birbhum.
(3.)Charge was framed under Sec. 302 of the Indian Penal Code. Appellant pleaded not guilty and claimed to be tried.