ARCHANA MANDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is directed against the Judgment and Order of conviction passed in Sessions Trial Being No.1of 2004 and Sessions Case being No. 185 of 2003 passed by the learned Additional Sessions Judge 2nd Court, Malda on 28th April, 2004 holding the appellant/accused person guilty of offence punishable under Sections 364/302/201 of the Indian Penal Code. She is sentenced to suffer 8 (eight) years of Rigorous Imprisonment and to pay a fine of Rs.5000/ -, in default to suffer Rigorous Imprisonment for 6 (six) months for the offence under Section 364 of the Indian Penal Code. The appellant is also sentenced to suffer Rigorous Imprisonment for life and to pay a fine of Rs.5000/ -, in default to suffer another Rigorous Imprisonment for 6 (six) months for the offence punishable under Section 302 of the Indian Penal Code. The appellant is also sentenced to suffer Rigorous Imprisonment for 8 (eight) years and to pay a fine of Rs.5000/ - in default to suffer Rigorous Imprisonment for 6 (six) months for the offence punishable under Section 201 of the Indian Penal Code.

(2.) Put in a short frame, the prosecution case runs as under: On 20.01.2003 one Sanika Mandal lodged a written complaint in Manik Chak Police Station that she got marriage to Biswanath Mondal of Narayanpur Karticktola, P.S. Manikchak about 15 years back and since marriage they have been living together as husband and wife. Sometime in the month of Bhadra, 1408 B.S., Biswanath Mandal took another woman namely Archana Mandal to their family and over that matter defacto -complainant Sanika Mandal quarreled with Archana Mandal. A few days later husband Biswanath Mondal and co -wife Archana Mandal had been to Delhi to work as labourer and came back on 13.02.2003. Thereafter Archana Mandal picked a quarrel with Biswanath Mandal for want of unison of her earnings and during such quarrel Biswanath Mandal assaulted Archana and told her to leave his house. Then she threatened to kill their children before she departs. On 18.01.2003 Archana slapped their daughter Rama when taking launch and in the afternoon Biswanath Mandal again assaulted her. On the following day Archana took Utpal, son of Biswanath Mandal and Chumki daughter of Biswanaths brother to Fulahar river at Yudhstirghat and returned home at 1 p.m. alone. She denied the fact firstly of taking away both Utpal and Chumki to Yudhistirghat, but in the afternoon she confessed before the villagers that it was she who killed them by drowning into river Fulahar. After holding the FIR police started investigation in Manikchak P.S Case No.5 of 2003 dated 20.01.2003 and on completion of investigation charge -sheet under Sections 364/201/302 of the Indian Penal Code was submitted against the accused Archana Mondal. Accordingly trial started and after completion of trial the learned Sessions Judge, 3rd Court Malda convicted the appellant as aforesaid.

(3.) In order to prove its case the prosecution has examined as many as 15 (fifteen) witnesses. P.W.1, mother of the deceased Utpal in her evidence stated that on 19th January, 2003 both Utpal and Chumki died. Accused Archana was another wife of her husband. Accused took her son Utpal and her Bhasurs daughter Chumki to the bank of Fulahar river at about 7 a.m. P.W.1 further stated that on the previous day i.e. on 18.01.2003 a quarrel took place between her husband and the accused Archana. She saw accused Archana took her son Utpal and daughter of her Ja (sister -in -law) Chumki towards Fulahar river, Yuthisthir Ghat. She further deposed that on that day at about 1 p.m. accused Archana returned home alone. P.W.1 asked the accused regarding whereabouts of Utpal and Chumki. Then the accused replied that she did not see Utpal and Chumki. Both Utpal and Chumki did not return to their house. P.W.1 further stated that on that very date at about 5 p.m. accused Archana confessed before her in presence of other villagers namely Gobinda Mondal, Bataran Mondal, Montu Mondal, Dhiren Mondal , Haripada Mondal , Girish Mondal and others that she murdered both Utpal and Chumki by drowning them in the Fulahar river. P.W.1 further stated that she informed the above incident to Manikchak Police Station in writing. Ashutosh Mondal of their village wrote the complaint as per her direction and she put her LTI thereon. In her evidence P.W.1 further stated that Archana initially did not confess her guilt but when the villagers including Bataran (her husbands brother) assaulted Archana and also threatened to kill her if she did not disclose what happened to Utpal and Chumki then she confessed that she murdered Utpal and Chumki by drowning them the river.