NISHI SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Appellant Nishi Sarkar @ Santanu has preferred the present appeal challenging the Judgment dtd. 30/5/2001 and Order of Conviction dtd. 31/5/2001 ('Impugned Judgments') passed by the Additional Sessions Judge, 1st Court, Howrah in Session Trial Case No. XI (July) of 2000 (G.R. Case No. 488 of 2000). Vide the said Impugned Judgments, the Ld. Trial Court was pleased to convict the accused under Sec. 302 Indian Penal Code, 1860 and sentenced him to suffer rigorous imprisonment for life and also to pay fine of Rs.2000.00, in default, to suffer further rigorous imprisonment for 3 months for the offence under Sec. 302 of I.P.C.

(2.) On the written complaint filed by the de-facto Complainant i.e., the wife of the deceased vide G.D. Entry No.1394 dtd. 19/3/2000, an FIR bearing No. 35 dtd. 20/3/2000 was registered at Liluah Police Station.

(3.) It has been stated by the Complainant in her complaint that on 19/3/2000 at 9:30 PM, the de-facto Complainant was sitting at the main door of her house. She saw her son-in-law, i.e., the Appellant/Accused, coming towards their house looking for her husband, Damu Bose alias Swapan Bose (deceased) with sharp edged weapons on his both hands, who was not present at home at that time. The Appellant was shouting that he would sever the head of Damu Bose alias Swapan Bose from his body. The Complainant closed the door of her house out of fear. The Appellant hammered the door with the weapons in his hands. The second daughter of the Complainant, namely, Rinki, who also happens to be the wife of the Appellant informed the Police about this incident over the telephone. In the meanwhile, the de-facto Complainant heard cries of her husband from outside calling her name and asking her to save him from the Appellant. She opened the door and saw that the accused was chasing her husband towards the house of one of the neighbours. The deceased slipped and fell down and the Appellant inflicted blows on the head and neck of her husband with the sharp-edged weapon in his right hand.