KALIPADA MANNA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Being aggrieved by and dissatisfied with the judgment and order of conviction dated 28-9-2005 and sentence dated 30-9-2005 passed in Sessions Trial No. XI/September/2004 by the learned Additional District and Sessions Judge, Fast Track Court, Haldia, Purba Medinipur whereby the appellant Kalipada Manna has been sentenced to suffer imprisonment for life and to pay a fine of Rs.2,000/- for the offence punishable under Section 302 of IPC and along with Gostho Behari Manna and Arati Manna to suffer imprisonment for one year and to pay a fine of Rs. 1,000/- in default to suffer R.I. for six months for the offence punishable under Section 498A IPC, this appeal has been preferred by the appellant Kalipada Manna.

(2.) Concisely stated , the case of the prosecution is that victim Saraswati Manna daughter of Subal Chandra Manna /de facto complainant got married with accused/appellant Kalipada Manna, son of Gosto Behari Manna and Arati Mana on 19th day of Falgun, 1410 B.S. according to Hindu rituals. Since after the marriage the appellant/husband and his parents subjected Saraswati to physical and mental torture. Saraswati reported the said torture on her to her parents during her visit to her father's place. On 6-4-2005 Kalipada along with Saraswati came to the maternal uncle's house of Saraswati at Hazrapota village. On 9-4-2004 around 8 a.m. the de facto complainant /father was informed by some people that his daughter Saraswati had died. He arrived at the place of occurrence and found the dead body of his daughter lying by the side of the railway line near village Hazrapota. He lodged FIR at Haldia GRPS on 10.4.2004.

(3.) On the basis of the FIR Haldia GRPS case No. 1 of 2004 dated 10-4-2004 was started. The case was investigated. On completion of the investigation charge sheet under Section 498A/302/34 of IPC was submitted against the appellant Kalipada Manna, Gostho Behari Manna and Smt. Arati Manna.