MARIYAM BEGAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These two applications have been filed for suspension of sentence and grant of bail by persons who stand convicted under Sections 302, 201 and 120B of the Indian Penal Code (in short 'IPC') and sentenced to life imprisonment and also to pay fine by the Additional District and Sessions Judge, Fast Track Court - II - Raiganj in Sessions Trial No.40/2014 arising out of Sessions Case No.264/2008. CRAN 4951/2019 is an application by the mother-in-law and sister-in-law (husband's sister) of the victim lady. CRAN 5017/2019 is an application by the victim's husband.

(2.) The brief facts of the case as would appear from the written complaint, the prosecution evidence and the findings of the Learned Trial Judge are that the 1st accused (husband of the victim) and the victim were married in 2004. After marriage, the victim went to the matrimonial house and resided there for two months. The 1st accused, thereafter, took her to a rented accommodation at Raiganj and resided there with the victim. On September 23, 2005, the 1st accused informed his father-in-law at about 10 a.m. that Sabina (victim) had left the matrimonial home at 8:30 a.m. to go to her parental house. He enquired as to whether Sabina had reached the parental house. On September 24, 2005 a diary was lodged by the 1st accused with the Raiganj Police Station that his wife had gone missing. On September 24, 2005 i.e. the same day, police seized one polythene bag containing one severed head of a lady. Other parts of a female human body were recovered on 26th September and 27th September, 2005. The forensic examination report confirmed that all the parts belong to the same body. The lady was identified as the victim from photographs. Pursuant to investigation, charges were framed against the 1st accused, his mother (2nd accused) and his sister (3rd accused) under Sections 302/120B/201/34 IPC.

(3.) The prosecution examined 34 witnesses. The defence examined none. The Learned Trial Judge noted that there were no eye witnesses or direct evidence and convicted the accused person on the basis of circumstantial evidence. The Learned Trial Judge observed that the chain of circumstances is so complete that the same indubitably points towards the commission of the victim's murder by the accused persons.