SANDIP BHOWMICK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 30.07.2019 and 31.07.2019 passed by the learned Additional District and Sessions Judge, Chandernagore, Hooghly in Sessions Trial No. 52 of 2016 arising out of Sessions Case No. 103 of 2016 convicting the appellant for commission of offence punishable under Sec. 302 of the Indian Penal Code for life and pay a fine of Rs.10,000/- , in default to suffer further rigorous imprisonment for a period of three months for the offence under Sec. 302 of the Indian Penal Code.

(2.) Prosecution case, as alleged, against the appellant is to the effect that the appellant was married to the deceased Arpita Bhowmick pursuant to the negotiations according to the Hindu Rites and Customs in the month of January, 2006. The couple were blessed with two children - Bristi who was examined as P.W. 5 and a son, named Bittu. The appellant used to work in a jewellery shop in Surat and would visit his residence at Tarakeswar off and on where the family permanently resided. It is alleged during such visits the appellant misbehaved with his wife. Twenty five days prior to the incident the appellant had returned from Surat. On the fateful night between 11th/12th April, 2016 the appellant returned home late and called upon his wife to open the door. As Arpita was late in opening the door, he kicked her abdomen. Consequently, Arpita suffered pain and felt unwell. She was treated by a local quack (PW 9). On the next day as her condition deteriorated she was shifted to Tarakeswar Rural Hospital where she was treated by doctor Aninda Parbat (P.W. 13). Arpita finally breathed her last at 9.15p.m. on 12.04.2016 in the said hospital.

(3.) On the written complaint of Panchanan Bera (P.W. 1), father of the victim lady, Tarakeswar P.S. Case No. 116 of 2016 dated 13.04.2016 under Ss. 498A/302/120B of the Indian Penal Code was registered against the appellant and his father Sukumar Bhowmick.