DEBABRATA GIRI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this appeal the sole appellant/convict has challenged the judgment of conviction and order of sentence dated July 29, 2009 and July 30, 2009 respectively, passed by the Additional District and Sessions Judge, 3rd Fast Track Court, Contai, Purba Medinipur, in Sessions Trial No.10/December/2007. The appellant faced trial before the Court after having been charged for offences punishable under Ss. 498A and 304 IPC and has ultimately being found guilty, was convicted and imposed with the sentence to suffer rigorous imprisonment for seven years and to pay fine of Rs.10,000.00, in default, of which he was to suffer six months of simple imprisonment.

(2.) In this appeal the appellant has pleaded the grounds that the impugned judgment of the trial Court is dehors due considerations as regards the evidence on record and also in contravention of the settled laws, in so far as the provisions under which he has been punished. He has prayed for setting aside of the judgment of conviction and sentence of the trial Court, as mentioned above.

(3.) The prosecution case started with filing of the FIR by the informant namely, Sri Sasadhar Jana, dated May 30, 2007. The informant has reported therein regarding alleged homicidal death of his sister on May 27, 2007 at about 6.30 p.m. The present appellant has been described as the husband of the victim with whom the victim was married in 1986. Transaction of valuable marital gifts took part at the time of marriage to fulfill the demands for the same made by the appellant and his family. Allegedly, even thereafter the victim was subjected to undue pressure, force and torture on demand of more money, at her in-laws house, by the appellant and her other in-laws. At one point of time due to non-fulfillment of such inordinate demands of the appellant and his family members, the victim was driven out from her matrimonial home after being subjected to physical torture. That caused her to lodge a police case being Ramnagar P.S. Case No. 64/1999 dtd. 1/9/1999, under Ss. 498A, 323 IPC. Allegedly, the appellant had put up a show of bonafide and innocence in disguise, when during pendency of the trial pursuant to the FIR as mentioned above, he called the victim at the place namely, Beteswar Bazar on May 27, 2007 at around 6.30 p.m., for compromising the said criminal case. There allegedly when the victim met with the appellant, he assaulted her with a heavy and blunt stone made instrument namely 'Mugur'. Allegedly the appellant assaulted the victim on head and other vital parts of her body indiscriminately and mercilessly. Resulting there to the victim suffered severe bleeding and grave and fatal injuries, on the vital parts of the body. The informant has stated that the victim was taken to Bararankua hospital where she breathed her last on May 28, 2007, in the midnight at 12.17 a.m. The informant has also said in the FIR that the unscrupulous in-laws of the victim visited the place of occurrence after receiving the news to witness successful implementation of the dreadful plan of murdering his sister. The informant has also explained in the FIR the reason for which he lodged the FIR belatedly after two days from the date of occurrence.