BANSHI SARDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment, order of conviction dated 26.5.2003 and sentence dated 27.5.2003 passed in Sessions Trial Case No. 12 of 2002 arising out of Sessions Case No. 132 of 2000 by the Additional Sessions Judge, Fast Track Court-1 Purulia, whereby the appellants were sentenced to suffer R.I. for life and pay a fine of Rs. 1000 each; in default to suffer S.I. for one month each for the offence punishable under sections 302/34 IPC. The factual back ground leading to the presentation of the appeal in a nutshell is that the victim girl, daughter of Jaba Majhi, de facto complainant was given in marriage to appellant Banshi Sardar son of appellants Lalu Sardar and Nanibala Sardar. The victim girl started residing at her matrimonial home after her marriage. She was subjected to both physical and mental torture by the appellants during her stay at her matrimonial home.

(2.) On 6.10.1995, the de facto complainant, mother of the victim went to the matrimonial home of her daughter and stayed there. On the next day, i.e., 7.10.1995 she was served with Garam Bhat by the mother in law of the deceased while the victim was served with Panta Bhat. The de facto complainant was sleeping in the Court yard of the house after taking Garam Bhat when she heard a loud noise of her daughter. Being attracted by that noise, she rushed to her daughter's room and found the appellants fleeing away from the house. She found her daughter writhing in pain. She told her mother/de facto complainant that she had been given poison. The de facto complainant with the help of the neighbouring people took her daughter to Manbazar hospital but on the way to hospital her daughter expired. She spent the night in the house of one of her relative at Pairachali and on the next morning she left for Natun gram to inform her husband. It has been alleged by the de facto complainant that the appellants administered poison to her daughter leading to her daughter's death.

(3.) On receipt of the FIR Puncha P.S. Case No. 41 of 1995 dated 8.10.1995 under sections 498A/302/34 IPC was started against all the three accused persons/appellants. The case was investigated and charge sheet under the aforesaid sections of IPC was submitted.