SONALI MUKHARJEE Vs. UNION OF INDIA

JUDGEMENT

(1.) This judgment will govern Criminal Appeal No. 673 of 2001, filed by one Sonali Mukherjee, original accused No. 1 (hereinafter called "A-1" for short), who stood convicted by the Second Additional Sessions Judge, Pondicherry and Madras High Court and Criminal Appeal Nos. 835-836 of 2002 filed by one Dr. Battacharya, the father of one Biswajit (deceased), challenging the acquittal of one Assadid Poddar (respondent No. 2 in Criminal Appeal Nos. 835-836 of 2002), original accused No. 2 (hereinafter called "A-2" for short) by the Madras High Court, as also modification of the conviction of Sonali Mukherjee (A-1) from Section 302 of the Indian Penal Code (hereinafter referred to as "IPC" for short) to Section 304 Part (I) IPC and imposing lesser sentence.

(2.) Both Sonali Mukherjee (A-1) and Assadid Poddar (A-2) were tried on the allegation that both of them had developed illegal intimacy between them, as a result of which, they (the accused persons) committed murder of Biswajit (deceased), who was the husband of appellant Sonali Mukherjee, at Pondicherry. Both of them were convicted by the Sessions Judge, however, the appeal filed by Assadid Poddar (A-2) was allowed by the Madras High Court and he was acquitted. The High Court also acquitted Sonali Mukherjee of the offence under Section 302 but convicted her for the offence under Section 304 Part I, IPC.

(3.) This prosecution arose out of a private complaint by PW-1 Dr. Battacharya (appellant in Criminal Appeal Nos. 835-836 of 2002), the father of the deceased. Initially, the police investigation concluded that the death of the deceased Biswajit was a suicide. They filed a chargesheet against Sonali Mukherjee (A-1) only for the offences punishable under Section 324 and 309, IPC. Sonali Mukherjee (A-1) admitted her guilt and was released under the Probation of Offenders Act. The complainant Dr. Battacharya (PW-1) filed a criminal complaint, which ultimately resulted into a trial by Sessions Judge for the two accused persons for the offence punishable under Section 302.