BISHU SOREN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal arises out of a judgment and order of conviction dtd. 27/11/2014 and 28/11/2014 passed by the learned Additional Sessions Judge-cum-Judge, Special Court (E.C. Act), Hooghly in Sessions Trial No. 2216 of 2004 arising out of Sessions Case No. 124 of 2004. The appellant was convicted for life under Sec. 302 of the Indian Penal Code.

(2.) The prosecution case and the facts that have emerged from the evidence on record are as follows:-

(3.) The complainant, Kalomoni Soren (PW-1) was originally married to one Gopal Besra @ Sisir Besra. Out of their wedlock, a girl child was born called Sefali Besra". Gopal Besra died a few years after the birth of Sefali. The complainant, Kalomoni Soren thereafter claims to have married the appellant, Bisu Soren. There is no proof or record of such marriage. That is, however, clear from the evidence of nine (9) of the prosecution witnesses that the appellant lived as a house husband with the complainant. Out of their relationship, as deposed by several witnesses, another girl child was born who was 5 months old as on the the date of occurrence.