DEBASISH PODDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This Appeal is directed against the Judgment and Order dated 30.7.2008 and 31.7.2008 passed by Sri Arup Basu, Additional Sessions Judge, Fast Track Court No. 5, Barrackpore, North 24 Parganas in Sessions Trial No. 04(09)/07 arising out of Sessions Case No. 04 (07) (07) whereby and whereunder the Appellants were convicted under Sections 498A and 304B of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years with fine of Rs. 5,000/- for each and in default, to suffer further R.I. for three more months under Section 498A and rigorous imprisonment for life for the offence under Section 304B IPC. It was further directed that 50% of the fine amount was to be paid to the Complainant by way of compensation under Section 357 Cr. P.C.

(2.) On 1.8.2006, one Smt. Malati Saha, wife of Kanai Saha made a written report before the Officer-in-charge, Bizpur police station, North 24 Parganas in relation to an occurrence said to have taken place on the same day at a time not mentioned wherein, she made allegations in the following manner against (i) Debasish Podder, son of Bidhu Bhusan Poddar; (ii) Bidhu Bhusan Poddar (father-in-law); (iii) Smt. Sadhana Poddar (mother-in-law); (iv) Smt. Babli Ghosh, wife of Tutu Ghosh (sister-in-law); (v) Chandana Saha, wife of Uttam Saha (sister-in-law); (vi) Tutu Ghosh and (vii) Uttam Saha.

(3.) It was alleged that on 1.8.2006 at about 7.30 P.M. the complainant came to learn that her daughter and Labony had died. On going to the marital home, she came to learn that death was due to strangulation by a chord around the neck and when they wanted to see dead body, they were informed that it had already been taken to the local police station. The complainant then went to the police station and saw the dead bodies.