SANKAR PRODHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 28.1.2000 passed by learned Additional Sessions Judge, 5th Court, Midnapore in Sessions Trial No.1/April/1997 wherein the appellant/accused Sankar Prodhan was found guilty of having committed offence under Sections 302 of the Indian Penal Code and was sentenced to suffer Rigorous Imprisonment for life and to pay a fine of Rs. 2,000/- in default to suffer Rigorous Imprisonment for another six months. He was also convicted for having committed offence under Section 498A read with Section 34 of the Indian Penal Code and sentenced to suffer Rigorous Imprisonment for three years and to pay a fine of Rs. 1,000/- in default to suffer Rigorous Imprisonment for six months along with other appellants/accused viz. Madan Chandra Prodhan i.e. his elder brother who was sentenced to suffer Rigorous Imprisonment for two years and to pay a fine of Rs. 500/- in default to suffer Rigorous Imprisonment for three months and Sita Rani Prodhan, his mother who was sentenced to suffer Rigorous Imprisonment for one year and to pay a fine of Rs.250/- in default to suffer Rigorous Imprisonment for three months for having committed offences punishable under Section 498A read with Section 34 of the Indian Penal Code.

(2.) In a nutshell, it is the prosecution case that Smt. Tukarani alias Sumati Prodhan was married to Sankar Prodhan of Vetoria village within Khandanbari Gram Panchayat in the month of Ashar in 1398 (B.S). Initially, Tukarani was treated well at the matrimonial home but thereafter, she was subjected to physical and mental torture by the appellants/accused in order to coerce her to bring money. On the fateful day i.e. 15.2.1992 the father of Tukarani namely Bijan Behari Das, P.W.1 reached her at in-laws place. On the very day at about 7.00 p.m. he came to know that his daughter Tukarani has died. He reached at his son-in-law s place and found his daughter lying dead with injuries on her body. The incident was reported to the police on the next day at about 6.00 a.m. and one U.D. case being no.5/1992 dated 16.2.1992 was registered on the basis of a written complaint received from one Sajal Das that one Sumati Prodhan alias Tukarani, wife of Sankar Prodhan died. On the next day of her death i.e. on 16.2.1992 Bikash Kanti De, (P.W.13) Sub-Inspector of Police, Nandigram Police Station, reached the place of occurrence and prepared an inquest report (Ext. 1/A). He seized wearing apparels of Tukarani from the spot and sent the deadbody to Tamluk Hospital for post-mortem examination through Satish Nandi, police constable, P.W.12. On the basis of the inquest report police registered a case bearing no.18/1992 dated 16.2.1992 under Sections 498A/302 of the Indian Penal Code, and, a First Information Report (Ext.2) came to be lodged by Bijan Behari Das, P.W.1.

(3.) In course of investigation police recorded statement of witnesses under Section 161 of the Code of Criminal Procedure and arrested the appellants/accused. On receipt of the post-mortem examination report and FSL report, the investigation was completed and a chargesheet came to be filed against the appellants/accused for having committed offences punishable under Sections 498A/302 read with Section 34 of the Indian Penal Code and under Sections 304B/306/34 of the Indian Penal Code and also Sections 3/4 of the Dowry Prohibition Act.