BABULAL CHOWDHURY Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) CHALLENGE in this appeal is against the judgment and order dated 26.11.2008 and 27.11.2008 of conviction and sentence passed by the Learned Additional Sessions Judge, 1st Fast Track Court, Jangipur, Murshidabad in connection with Sessions Serial No. 32/2006 and Sessions Trial No. 7(2)2007 under Section 302 of the Indian Penal Code, 1860 convicting the appellant thereunder and sentencing the Appellant to undergo rigorous imprisonment for life and to pay a fine of Rupees 5,000/ -, in default rigorous imprisonment for a further period of two years.

(2.) CHRONOLOGY leading to the instant appeal is that one Astami Chowdhury, D/o. Laxmi Chowdhury of village Mallahpara, P.S. - Raghunthganj, was married to the accused of village and P.S. - Lalgola in the year 2000. Since Astami was a patient of heart disease, she often used to come to her paternal house at Mallahpara, for her medical treatment and used to stay there most of the time. The accused used to suspect the character of his wife alleging an affair with one Swapan Chowdhury, the elder brother -in -law of her younger sister Saptami and also used to suspect the paternity of the child after the birth of Susmita. Prosecution further case is that about 8 -9 days prior to the incident, Astami planned to visit Vellore with Swapan Chowdhury for her medical treatment by boarding a train. The accused, in spite of having no railway reservation also boarded the same train but he got down from the train on the way without notice to Astami and Swapan Chowdhury. Thereafter, Astami and Swapan came back from Vellore to Mallahpara and Astami started to live at her paternal home. On 05.10.2005 the accused came to the paternal house of Astami at Mallahpara at about 5:30 P.M. and took Susmita out of the custody of Astami with an assurance that he would come back very soon. Since the accused did not return with Susmita, Astami and the inmates of the family searched for them but neither the accused, nor Susmita could be found. However, Astami and her inmates were under the impression that the accused perhaps took Susmita to his house at Lalgola in that evening but on the next morning, i.e. on 06.10.2005 at about 10:30 A.M. one Sulekha Chowdhury of Mallahpara, found the dead body of Susmita under the 'Jaba' tree of one Shila Mahato in the same village beside platform of Goddess Manasha. On hearing her hue and cry, several villagers came over there and found the dead body while Debanjali, the minor sister of Astami took the said dead body to the land of one Ainal Sheikh situated by the side of her house.

(3.) ON completion of the investigation, the Investigating Officer submitted a Charge sheet being No. 56/2006 dated 08.3.2006 under Section 302 of the Indian Penal Code, 1860 against the present appellant.