Kolkata Court September 1941 Judgments

Emperor Vs. Naibulla Alias Fulir Bap S/O Baser Fakir

Court: Kolkata

Reported in: AIR1942Cal524

Pal, J.1. This is a reference under Section 374, Criminal P.C., for confirmation of the sentence of death passed on the accused by the Additional Sessions Judge of Dacca, on 6th August 1941. The accused also has preferred the Appeal No. 518 of 1941 from the same order of conviction and sentence. The reference and the appeal are heard together and disposed of by this judgment. The prosecution case is that on 12th April 1941, at village Atusal, P.S. Monohardi at about 10 A. M. the accused Naibulla killed his wife by inflicting out wounds on her neck in his hut and then ran away. The cries of the deceased attracted the attention of a neighbour, C.W.1, who saw the accused running away, chased him and arrested him about half a mile away with the help of two others. He was made over to the rural police and then sent up to the police station. Information of the crime was given to the police by the elder brother of the accused. Upon these facts the accused has been charged with having committe...