PATIT PABAN MONDAL Vs. STATE

JUDGEMENT

(1.) CONSPECTUS of Appeal This Jail Appeal is directed against the Judgment and Order of conviction and sentence passed by the learned Additional Session Judge, 2nd Court, Bankura in Sessions Trial No. 2(9) of 2003. By the aforementioned judgement and order impugned dated 26.02.04 and 27.02.04 appellant Nos. (1) Patit Paban Mondal (In short A1) and (2) Dayamoy Mondal (In short A2) were found guilty of charges under Sections 498A/302/34, IPC and both of them were convicted accordingly. They were sentenced to suffer imprisonment for life each and to pay a fine of Rs.2000/- each in default whereof one month R.I. for the offence under Section 302/34, IPC. They were also further sentenced to suffer R. I. for three years and to pay a fine of Rs.5000/- each in default whereof fifteen days R. I. more for the offence under Section 498A of IPC. Sentences were to run concurrently. Background facts

(2.) THE factual matrix leading to the filing of this appeal by these two appellants from Medinipore Central Correctional Home may be summarized as under:-

(3.) BOTH the appellants were charged under Section 498A, IPC as also under Section 302/34, IPC by the learned Additional Sessions Judge, 2nd Court, Bankura, vide order dated 06.09.03. BOTH the appellants pleaded not guilty and claimed to be tried. Accordingly both of them were directed to answer charges so framed against them as follows :-