- (1.) THE appellant as well as one Tara Pado Dey (acquitted) were put on trial on the accusation of committing murder of Sadhana Dey (wife of the appellant) in furtherance of their common intention and further on the accusation that they with a view to screen themselves from legal punishment caused disappearance of the evidence of the murder. The trial Court while acquitting the accused -Tara Pado Dey did find the appellant guilty for the said charges and according recorded the order of conviction punishable under Sections 302 and 201 of the Indian Penal Code vide its judgment dated 14.02.2005 and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 1000/ - for the offence punishable under Section 302 of the Indian Penal Code with default clause to undergo R.I. for one year on account of nonpayment of fine amount. No separate sentence was passed for the offence punishable under Section 201 of the Indian Penal Code.
(2.) THE case of the prosecution, as has been made out in the fardbeyan (Ext. 4), is that the deceased -Sadhana Dey, the daughter of the informant -Most. Adari Nandi (P.W. 10), had been married to this appellant 1 1/2 years before. Out of their wedlock, one child had begotten. On 29.12.2002 at about 5.00 p.m., Tara Pado Dey, the father of the appellant, came to the house of the informant and asked her to keep her daughter -Sadhana Dey (deceased) with her, which proposal, the informant refused to accept and then Tara Pado Dey held out there that she will have to face consequence for it. In the night on 29.12.2002, when his son, Sanjay Nandi (P.W. 9) came, he informed that the appellant in the morning assaulted his sister -Sadhana Dey (deceased) by closing the room. Further case is that on 30.12.2002 at about 3.00 p.m. while the informant was going towards Kandara rivulet to ease herself, she found her daughter -Sadhana Dey screaming, as she was being assaulted by her husband (appellant). On finding this, she came to rescue her daughter but the appellant threatened her to go away otherwise she would also be killed. In such situation, she came slightly behind. Meanwhile, the appellant by assaulting Sadhana Dey with fists and slaps got the deceased drowned in a well, as a result of which, she died and then the appellant fled from there. On the same day, at about 4.15 p.m. one Awadhesh Thakur, posted at the relevant point of time as Sub -Inspector of Police at Masalia Police Station, when received information that a dead body is lying in a well at village Masalia, he made entry of such information in the Station Diary and proceeded to the place of occurrence. When he came to the place of occurrence, he recorded the fardbeyan (Ext. 4) of the informant -Most. Adari Nandi (P.W. 10), upon which, a formal F.I.R. (Ext. 6) was drawn and a case was registered against this appellant as well as against Tara Pado Dey.
(3.) THE said Awadhesh Thakur, Sub -Inspector of Police, Masalia Police Station, himself took up the investigation, during which, he held inquest on the dead body of the deceased and prepared an inquest report (Ext. 7) and sent the dead body for post mortem examination, which was held by Dr. S.N. Jha, who on holding autopsy on the dead body of the deceased did find following injuries on the person of the deceased: "(i). Diffuse swelling lower back aspect of lower part of right forearm, about 7 c.m. X 3 c.m. (ii). Burise over back of upper part of left forearm, 6 c.m. X 3 c.m. (iii). Two parallel bruise marks about 3 m.m. of thickness and about 1 c.m. apart and about 5.5. c.m. long over left side of back in infra scapular region. (iv). Bruise 6 c.m. X 2 c.m. over right lumber region of back on right side. (v). An abrasion 3 c.m. X 3 c.m. over back of neck, near its root on left side. (vi). A linear abrasion (scratch mark) about 3 c.m. long over mid part of right side of neck. (vii). An abrasion 0.5 c.m. X 0.5 c.m., just below right patellar region over upper part of right leg. All the aforesaid injuries were caused by hard and blunt substance, specially injury No. 3 caused by a linear hard and blunt substance and injury No. 6 caused by a pointed hard substance.;