(1.) By the judgment dated 30.10.2001, accused Sunil Kumar Mandal stands convicted of an offence under Section 302 IPC and Section 498 A IPC. By order dated 2.11.2001 the learned Addl. Sessions Judge pronounced the sentence of death for the offence under Section 302 IPC, besides a fine of Rs. 5,000/- . In view of the sentence imposed under Section 302 IPC no separate sentence under Section 498A was imposed.
(2.) Has the prosecution successfully brought home the charge against the accused. The charge is as under:-
(3.) Since the accused pleaded not guilty to the charge and claimed trial, the learned Additional Sessions Judge recorded evidence and on an analysis of the evidence came to the conclusion that the prosecution witness inspire confidence. Their statements are reliable and can be acted upon. The facts and circumstances, which according to the learned Addl. Sessions Judge stood proved beyond all reasonable doubts against the accused are as under: -