AMAL KUMAR SENGUPTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The following judgment of the Court was delivered by Malik, J. Amal Kumar Sengupta and Sitaram Tripathi have been convicted under section 302/34 of the Indian Penal Code for the murder of Smt. Amita Rai and under section 307/34, Indian Penal Code for having attempted to commit murder of Miss Manju Rai. They have been sentenced to suffer imprisonment for life for the first offence and also to pay a fine of Rs. 3000/-each and to suffer rigorous imprisonment for 3 years for the second offence and to pay a fine of Rs. 1000/- each. They have preferred separate appeals Nos. 660 and 661 of 1980, against their convictions and sentences, which appeals are being disposed of by this common judgment.

(2.) Deceased Amita Rai was a widow. Her husband Mohan Rai died some eight or nine years ago. Manju Rai (P.W. 2) is her daughter. Arun Kumar (P.W. 1) is her son. Mohan Rai had a house in Banaras. The ground floor was occupied by the widow and children. The first floor was occupied by Ashok Kumar, the son from Mohan Rais first wife. After the death of Mohan Rai, appellant Amal Kumar developed illicit relations with Amita Rai. He used to come to her very often and sometimes stayed with her. The children began treating him almost as a member of the family. He was Supervisor in the Woolen Mills: Sitarani Tripathi was his friend working in the same mills. He also visited Amita Rai.

(3.) In June, 1969, Amita Rai sold the house of her late husband for Rs. 25,000/-. She expressed a desire to Amal Kumar that they should all go on a pilgrimage. So they started, Amita Rai with her two children, Amal Kumar and his friend Sitaram. They went to Haridwar, Rishikesh and came to Calcutta. They stayed in Calcutta for 3 days. The journey was performed in 2nd Class Sleeper.