KANAI LAL KAR S/O LATE KUMUD RANJAN KAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal by the convict has questioned the legality of the judgment and order of conviction and sentence dated 05.05.2010, delivered in Case No. S.T.32(NT/D) of 2009 by the Addl. Sessions Judge, North Tripura, Dharmanagar.

(2.) By the said judgment and order, the appellant has been convicted under Section 302 of the IPC and sentenced to suffer imprisonment for life and fine of Rs. 5,000/-, in default of payment, to suffer further rigorous imprisonment for six months for committing the murder of his wife, Sagarika Kar.

(3.) Based on an oral complaint (Exbt.-1) by one Shefali Deb (PW.1) on 10.02.2009, Dharmanagar P.S. Case No. 16/2009, under Section 302 of the IPC was registered and was taken up for investigation. PW.1 had disclosed that her daughter, namely Sagarika Kar had been murdered by her son-in-law, Kanai Lal Kar, the appellant herein, taking advantage of absence of her grand- daughter, namely Swastika Kar (PW.2) and Kamada Kar (PW.3) at a time between 10.00 am to 4.00 pm on 09.02.2009. She has given a detailed conspectus of the matrimonial misconduct of the appellant and the intervention of the Panchayat for sorting out those discords on various occasions. She has categorically stated in the said oral complaint that the appellant had demanded property from her daughter and on having received a complaint from her daughter, Sreepur Panchayat had called the appellant and tried to prevail on hm. She has further stated in the ejahar that the appellant used to return home in an intoxicated condition and assault her daughter.