LAXMAN GOPE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant and his parents were tried for offence under Sec. 498A/302/34 IPC. Manik Gope, father of the present appellant and Smt. Methi @ Methila Gope, mother of the present appellant were acquitted of the charge. The present appellant was also acquitted of the charge under Sec. 498A/34 IPC. But he was found guilty for offence under Sec. 302 IPC and was sentenced to rigorous imprisonment for life and to pay fine of Rs.1000.00 i.d. to suffer simple imprisonment for one month more. Hence the appeal.

(2.) The occurrence happened in the dwelling house of the appellant. Namita was found to be dead in the morning of 22/2/1995 in a suspicious circumstance. Manik Gope, father of the present appellant went to the house of the father of the deceased and informed him to the effect that his daughter is not well. Father of the deceased came to the spot and found her daughter lying on a cot in a 'Chala Ghar ' in the Verandah of the house near the entrance door with nail scratch marks on her throat. He (PW-1) immediately brought the matter to the notice of the Pradhan of the Village of the appellant, who has been examined as PW-6 and PW-6 advised PW-1 (informant) to lodge report in the police station. Accordingly, PW-1 lodged the report scribed by his neighbour PW-7 in police station.

(3.) PW-3, the S.I. of police received the report, registered the case, drew the formal FIR and directed S.I. Bibhutibhusan Samaddar (since dead) to take up investigation. S.I. Bibhutibhusan Samaddar held inquest over the dead body, challaned the dead body for post-mortem, prepared the spot map, examined the witnesses and on completion of investigation filed charge-sheet against the appellant and his parents under Sec. 498A/302/34 IPC.