JOYDEB DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal under Section 374(2) of the Code of Criminal Procedure is directed against the judgment and order of conviction dated 4th August, 2011 and order of sentence dated 5th August, 2018 passed in sessions case No.78 of 2006 (Sessions Trial No.5 (5 of 2006) by the learned Additional Sessions Judge (Newly created, Cooch Behar under Section 302 of 109 of the Indian Penal Code sentencing the appellant to suffer imprisonment for life and also to pay fine of Rs.20,000/-, in default to suffer rigorous imprisonment for a period of two years for the offence punishable under Section 302 of the Indian Penal Code.

(2.) One Nityananda Biswas of village South Ambari lodged a written complaint to the inspector in charge, Kotwali P.S Cooch Bihar on 17th January, 2006 stating, inter alia, that marriage of his daughter Bharati was solemnized with the appellant Joydeb Das about four years before lodging the complaint. After marriage, there was no matrimonial peace and harmony between the parties. On the date of lodging complaint he received an information from his son Chandra Mohan that his daughter Bharati was murdered by her husband Joydeb on being abetted by his father Harendra Das. Immediately he rushed to the matrimonial home of his daughter and found her deadbody lying on the floor of house with sharp cutting injury on her person. It was alleged that the appellant, namely Joydeb Das with active support and help of his father committed murder of his wife assaulting her on her neck with the help of a spade. The appellant allegedly admitted his guilt in presence of local people.

(3.) On the basis of the said complaint, police registered Kotwali P.S case No.20 of 2006 dated 17th January, 2006 under Section 302 of the Indian Penal Code against Joydeb Das and under Section 302/109 of the Indian Penal Code against Harendro Nath Das, father of Joydeb and took up investigation of the case.