UDAY MALIK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In Sessions Case No. 29 of 2009 corresponding to Session Trial No. 12 of 2009 the appellants-accused were tried on a charge for having committed offences punishable under Section 498A of the IPC and the appellant-accused Uday Malik was tried for an offence punishable under Section 302 of the IPC.

(2.) The appellant-accused Sandhya Malik is the mother of appellant-accused Uday Malik they were charged for having subjected the deceased Kalpana Malik, wife of Uday Malik, to cruelty by wilful conduct by physical and mental torture upon her and thereby committed offence under Section 498A of lPC, and the appellants-accused Uday Malik was also charged for having murdered his wife Kalpana and thereby committed offence under Section 302, IPC respectively. Sandhya Malik was convicted and sentenced to undergo imprisonment for 3 years with a fine of Rs. 3,000/-, in default, to suffer imprisonment for a further period of six months for offence under Section 498A, IPC, and Uday Malik was convicted and sentenced for having committed offence punishable under Section 498A as well as 302 of IPC and was sentenced to death. As the appellant-accused has been sentenced to death, no separate sentence was imposed for having committed offence punishable under Section 498A of IPC, The learned trial Court has referred, the case for confirmation of death sentence as required under Section 366 of the Cr. P.C. The conviction and sentence have been challenged by the appellants-accused by these two separate appeals which are being disposed of by common judgment and order.

(3.) During trial the prosecution examined in all 23 witnesses out of which the maternal uncle of the deceased. and most of the witnesses who were neighbours and villagers of village Shyamsundar turned hostile and some were mainly offered for cross-examination. On conclusion of the trial, the learned Additional Sessions Judge of the First Track Court found the appellants-accused guilty and proceeded to pass the impugned sentences.