TAPAS DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) As the appellant has appointed a lawyer of his own choice, Mr. Sandipan Ganguly, learned Senior Counsel and Ms. Sreyashree Biswas, learned Advocate appointed on behalf the State Legal Services Authority are discharged from the case.

(2.) The appeal is directed against the judgment and order dated 7th October, 2015 and 8th October, 2015 passed by the Additional Sessions Judge, 17th Court, Alipore, South 24 Parganas in Sessions Trial No.07(07) 2009 arising out of Sessions Case No.23(05)2009 convicting the appellant for commission of offence under Sections 302 and 201 of the Indian Penal Code sentencing the appellant to suffer rigorous imprisonment for life and to pay fine of Rs.10,000/- (Ten thousand) in default further rigorous imprisonment for six months for offence punishable under Section 302 of I.P.C. and to suffer rigorous imprisonment for four years and to pay fine of Rs.5,000/- in default further rigorous imprisonment for six months for offence punishable under Section 201 of I.P.C. Both the sentences to run concurrently.

(3.) The deceased Mamoni was married with the appellant on 26.04.2004. At the time of marriage Rs.40,000/- cash, gold ornaments and other articles were given as dowry. Mamoni started residing with her husband and parents-in-law Gour and Sandhya at the matrimonial home. Her Sister in-law and her husband, namely, Monika and Jagannath resided in a house near her matrimonial home. From the wedlock a girl child was born to the couple. Matrimonial life of Mamoni was fraught with agony. She was tortured by her husband and in laws over further demands of dowry.