RAGHUNATH BAG Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In Sessions Trial No. 7(8)/03 arising out of Sessions Case No. 6(4)/02, the Appellant/accused along with three others came to be tried on a charge of having committed murder of his wife Sandhya Rani Bag in between night of 21/22 November, 2005 in his house at village Shyampur within the jurisdiction of police station Joypur, District Bankura with a 'sanda'. The learned Additional District and Sessions Judge, Fast Track Court, Bishnupur, Bankura, by his judgment and order dated 30th July, 2005 found the Appellant guilty of having committed offence punishable under Section 302 IPC and acquitted the co-accused of the said charge. The Appellant was convicted and sentenced to suffer imprisonment for life and fine of Rs. 10,000/-, in default, to suffer RI for 2 years which is the subject matter of challenge in this appeal.

(2.) In nutshell, it is the prosecution's case that the Appellant-accused Raghunath Bag of village Shyampur was married to Sandhya Rani Bag, the daughter of Khudiram Mondal (P.W. 1). The Appellant-accused and his relatives were not happy with the dowry ('Jautaka') received in the marriage, they insisted Sandhya Rani to bring the additional amount of Rs. 12,000/-, but as their demand could not be fulfilled, the Appellant-accused and the co-accused treated her with cruelty. On 22nd November, 1995 Khudiram Mondal, the complainant, came to know from the people of the village that his daughter Sandhya Bag has been murdered by the Appellant-accused with 'sanda'. Thereafter, he along with co-villagers went to village Shyampur to the house of the Appellant-accused and saw that his daughter was lying dead with her neck cut. A complaint was written by Debabrata Mandal (P.W. 12). In the meantime, the police party arrived at the place of occurrence and the complaint (Exbt. 1) came to be handed over to the police of Joypur P.S. It is the prosecution's case that the Appellant-accused Raghunath Bag having left the village came in the jeep with the police party. On reaching the place of occurrence, the police prepared the inquest report under Section 174 of the Code of Criminal Procedure after registering FIR No. 38/95 dt. 22.11.95 read with Section 302/34 IPC against the Appellant-accused and his relatives. The police also seized 'sanda', chaddar, pillow from the house. The dead body was sent for post-mortem examination. It is the prosecution's case that the Appellant-accused made an extra-judicial confession in the presence of the villagers; some of whom have been examined as witnesses and the police party which had arrived at the place of occurrence of having committed murder of Sandhya Rani with 'sanda'. Not only this, the Appellant-accused also gave a written confession which came to be seized by the police. The police recorded the statement of the complainant and witnesses and also forwarded complainant and some of the witnesses to the Judicial Magistrate to record their statement under Section 164 Code of Criminal Procedure After completing investigation, charge sheet came to be filed against the Appellant-accused and his relatives, i.e., Ramprasad Bag, Joydeb Bag (both brothers of the Appellant-accused), Smt. Tulsi Bag, mother of the Appellant-accused and Jaga Shikari, friend of Appellant/accused.

(3.) The Trial Court framed charges against the Appellant-accused of having committed offence punishable under Section 302 IPC and against the co-accused for having committed offence punishable under Section 302 IPC read with 34 of IPC. The Appellant-accused and the co-accused pleaded not guilty and claimed to be tried.