NETAI MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal from the judgment and order of conviction and sentence dated 15th May, 2007 and 16th May, 2007 passed by the Additional Sessions Judge, Fast Track 4th Court, Malda in Sessions Trial No.38 of 2006 arising out of Sessions Case No.85 of 2006 whereby the accused appellant was convicted under Section 302/201 IPC and sentenced to suffer rigorous imprisonment for life with a fine of Rs.3000/-, in default, to suffer simple imprisonment for one year for the commission of offence under Section 302 IPC and further sentenced him to suffer rigorous imprisonment for three years and a fine of Rs.1000/-, in default, to suffer simple imprisonment for six months for commission of offence under Section 201 IPC. Both the sentences were to run concurrently.

(2.) The case of the prosecution is that the appellant and the victims were related to each other. Basanti is the victim wife and Priyanka, Soma and Biswajit are the victim children of the accused appellant. This relationship between the accused appellant and the victims cannot be denied. Although the victim wife and the accused appellant were married for the last 15 years and 3 children were born to them but now and again discord reigned supreme in their relationship. Quarrel did occur and according to the F.I.R. maker the victim was tortured by the accused appellant and this was brought to the notice by one of the victim children, Priyanka. Things came to a height when the accused appellant sought to sell his property including paddy and cows to raise money for release of his two brothers on bail who were in judicial custody. The said was opposed by the victim wife and the accused appellant on being resisted from selling the said property, declared that he would himself go to jail after killing his wife and their children. This occurred on 23rd January, 2002, as told to the F.I.R. maker by one of the victim children, namely Priyanka.

(3.) An attempt was made to normalize things and for this purpose, the F.I.R. maker visited the matrimonial home and requested the accused appellant that the victim wife be sent for few days to her paternal house, to which the accused appellant reacted in the presence of P.W.7 that the victim may go for ever. The aforesaid, therefore, showed that there was discord between the accused appellant and the victim wife and release of his two brothers from jail was the main cause for causing the death of the victim wife and the children.