BIBHISHAN MAHATO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This Appeal is directed against the Judgment, order of conviction and sentence dated 5.09.2006 passed in Sessions Trial No. 26 of 2006 arising out of Sessions Case No.187 of 2006 by the Learned Additional Sessions Judge, 2nd Court, Purulia whereby the appellants have been sentenced to suffer rigorous imprisonment for 3 years and to pay a fine of Rs.3000/-, each in default to suffer further rigorous imprisonment for three months for the offence punishable under Section 498A/34 I.P.C. and also to suffer rigorous imprisonment for life for the offence punishable under Section 302/34 I.P.C. There is a direction that the said sentences shall run concurrently.

(2.) The case of the prosecution in a nutshell is that on 3.9.2006 the victim Alomoni Mahato was given in marriage with the accused/appellant Bibhishan Mahato, son of appellants Laganchand Mahato and Chandmoni Mahato @ Baisakhi Mahato in the year 2000. Alomoni was subjected to torture both mentally and physically during her stay at her matrimonial home by the appellants. On 16.10.2005 the victim was found missing and her dead body was recovered on the next day on 17.10.2005 from a place which is 1/11/2 K.M. away from the matrimonial home.

(3.) F.I.R. was lodged by the father of the victim/P.W.2 with Balarampur Police Station, Purulia. On the basis of that F.I.R. Balarampur P.S. Case No.34 dated 17.10.2005 under Section 498A/302 of I.P.C. was started. The case was investigated. On completion of investigation Chargesheet under Section 498A/302/34 I.P.C. was submitted before the Learned Chief Judicial Magistrate, Purulia.