KALIPADA BHOWMICK Vs. STATE OF W B

JUDGEMENT

(1.) The judgment of the Court was as follows : Bhattacharya, J.: The hearing stems from an appeal preferred against the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, 3rd Court, Midnapore in S. T. Case No. 10 of August, 1993 on 26.05.1994.

(2.) A thumbnail sketch of the prosecution case is that Smt. Malati Bhowmick was often subjected to torture, mentally and physically, in her in- law's house by the members of the family including mother-in-law but excluding the eldest brother-in-law and his wife, by way of assault and not offering food. On 20.09.1986 at about 2.45 a.m. she expired. In day-time on that day the mother-in-law assaulted her and it is apprehended that all the members of the house had assaulted and committed her murder during night and to avoid the blame her body was hung up in a tamarind tree in the cover of dark night. Hence, all the four accused persons viz. Smt. Haimabati Bhowmick, Kalipada Bhowmick, Shyamapada Bhowmick & Uttam Bhowmick were charged under Sections 302/34 & 201/34 I.P.C.

(3.) The defence case, as suggested to P.Ws. 1, 4, 6 & 7 and as contended by the accused persons during their examination under Section 313 Cr. P.C., is that the victim malati was neither ill-treated nor tortured nor there was any denial of food to her. The accused persons have been falsely implicated in this case.