POPI DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Challenging the legality and validity of the judgement and order of conviction dated 06.09.2016 passed by the Additional Sessions Judge, 2nd Court, Barurghat, Dakshin Dinajpur in connection with S.T. Case No. 77 of 2013 the appellant has preferred this appeal. According to the appellant, there was long standing dispute by and between the parties and the present appellant had lodged many other complaints against the husband in different forums.

(2.) The prosecution case in a nutshell is such that on 27.09.2012 at about 2'o Clock when the victim came back from bathing and was about to take his lunch the accused/appellant suddenly hit him on his head with a sharp cutting weapon (daa). He bled profusedly. He was taken to hospital for treatment. Disclosing this episode the First Information Report was lodged. Pursuant to the FIR lodged by the defacto complainant the police has recovered the offending weapon on the same day at about 6.45 P.M. and after examining the available witnesses had submitted a charge sheet.

(3.) The prosecution witnesses had deposed almost in the same tone and tune as to how the incident took place. The specific defence of the appellant was that 'daa' (sharp cutting weapon ) when was recovered the said 'daa' was not blood stained. The appellant further contended that P.W. 5 had seen the accused fleeing away and if it is so how the accused got the time to 'daa' washed in the mean time.