STATE OF WEST BENGAL Vs. NEMAI SASMAL

JUDGEMENT

(1.) Death reference and criminal appeal are directed against the judgment and order dtd. 28/2/2017 passed by learned Additional Sessions Judge, 2nd Court, Arambagh, Hooghly in Sessions Trial No. 37(8)/2012 arising out of Sessions Case No. 75/2012 convicting the appellants for commission of offence punishable under Sec. 302/34 of the Indian Penal Code and directing them to be sentenced to death and to pay a fine of Rs.10,000.00, in default, to suffer simple imprisonment of one year more.

(2.) Prosecution case against the appellants is to the effect that one Debjani Sasmal, a 14 year old girl, used to reside with her father, Nemai Sasmal (first appellant) and her step-mother, Purnima Sasmal (second appellant). After the death of her mother Reba, Nemai had transferred land in favour of Debjani and her elder sister Kumkum. Debjani was tortured by the appellants to give consent to the transfer of the land in favour of her step-mother. She was subjected to torture by the appellants. She was not given proper food and clothing.

(3.) On 30/5/2011, Amar Adak, maternal uncle of Debjani (P.W. 1) received information that she was lying dead at the residence of the appellants. He rushed to the spot and found the child lying on the floor of the house. There was a black spot around her neck. Suspecting the appellants had committed the murder of her niece by strangulation, Amar lodged written complaint at the Khanakul Police Station resulting in registration of Khanakul Police Station Case No. 82/11 dtd. 30/5/2011 under Sec. 302/34 of the Indian Penal Code.