DIPANKAR MRIDHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 15/5/2007 and the Order of sentence dated 16/5/2007, whereby and whereunder the learned Additional Sessions Judge, Fast Track Court, 1st Court at Baruipur, held that the Appellant no. 1 Dipankar Mridha was guilty under Section 302 of the Indian Penal Code and the Appellant No.2, Arun Mondal was guilty under Sections 302/120B of the Indian Penal Code. Both the Appellants were sentenced to rigorous imprisonment for life and were directed to pay a fine of Rs.5,000/ - and in default, to suffer further rigorous imprisonment for six months. The detention already undergone by the Appellant No.1 from 19/1/2004 to 19/8/2004 and the detention already undergone by the Appellant No.2 Arun Mondal from 30/9/2002 to 30/12/2002 were ordered to be set off.

(2.) THE case arises out of a First Information Report on the basis of a written report lodged on 26/4/2002 at 20.30 hours by one Achintya Howli (P.W.1) wherein he alleged that his daughter Karabi Howli, aged 16/17 years, had a love affair with his neighbour Dipankar Mridha (Appellant No.1) for about a year and taking undue advantage of the same, carried out an illicit relationship with her and as a result thereof, she became pregnant. When Dipankar Mridha (Appellant no.1) came to know about this, he and his friend Arun Mondal (Appellant no.2) started pressurisng his daughter and on 15/4/2002, while both were passing by the side of the house of the informant, they threatened her in various ways and on the same day in the night, they called out the informant 's daughter by giving her ''temptation of marriage ''. That night, the informant 's daughter was found hanging in a bamboo grove with a rope around her neck.

(3.) IN the instant case, we notice that in the first written complaint, there was only an indication of suicide whereas in the written complaint, which formed the basis of the F.I.R., the case was registered under Sections 376/302 of the Indian Penal Code.