SAMBHUNATH BAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) -Through this appeal, the appellant Sambhunath Bar challenges the judgment and order dated 13th January, 1999 passed by Shri S. Banerjee, learned Additional Sessions Judge, 12th Court, Alipore in Sessions Trial No. 33(4)/1996 whereby the convict-appellant has been convicted under section 302/34 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay a fine of Rs. 1000/- in default to suffer S.I. for 5 months.

(2.) Briefly stated, the prosecution case as mainly emerged from the recital contained in the FIR lodged by Sri Jiban Krishna Mal, defacto-complainant is as under: That on 28th Jaistha, 1397 B.S., the eldest daughter of this defacto complainant, Jiban Krishna Mal, was given in marriage with Sri Sambhunath Bar (youngest son of Sannyashi Bar) after negotiation.

(3.) Unfortunately, within a period of 5/6 days from the date of the aforesaid marriage, Sri Sambhunath Bar, his father Sri Sannayashi Bar, mother Smt. Jamuna Bar and his elder brother Sri Biswanath Bar began to inflict mental and physical torture and pressure upon Smt. Jharna Bar and on 31.8.91, two persons including one Benu Mallick came to the house of the de facto complainant and had given an information that his daughter had been bitten by snake and was lying in precarious condition.