BANAMALI CHOUDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appeal is directed against judgment and order dtd. 20/4/2023 and 21/4/2023 in Sessions Trial No. 02(05)87 corresponding to Sessions Case No. 07(08)1986 passed by learned Additional Sessions Judge, 2nd Court, Bankura convicting the appellant for commission of offence punishable under Sec. 376 and 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs.5,00,000.00, in default, to suffer simple imprisonment for two years more for the offence punishable under sec. 376 of the Indian Penal Code and to suffer rigorous imprisonment for life and to pay a fine of Rs.50,000.00, in default, to suffer simple imprisonment for one year more for the offence punishable under sec. 302 of the Indian Penal Code, both the sentences to run concurrently.

(2.) Thumbnail sketch of the prosecution case is as follows:-

(3.) Post mortem doctor (P.W. 17) examined the body and opined death was due to combined effect of strangulation and smothering associated with burns which were ante mortem and homicidal in nature. P.W. 17 collected semen like substance from the thigh, vaginal canal, vaginal swab, fingerprints of nail scratches. On 11/3/1983, P.W. 21 sent over the seized articles including the samples collected from the post mortem doctor for forensic examination.