SUBIR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been preferred by the appellant against the judgment dated 15th February, 2000, passed by the learned Additional Sessions Judge, 3rd Court, Alipore in Sessions Trial No.4(6) of 1999, Sessions Case No.24(3) of 1999, whereby the appellant No.1 Subir Das @ Bapi Das was convicted and sentenced under Section 302 of I.P.C. to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/- in default to undergo rigorous imprisonment for one year. He was also convicted and sentenced under Section 498A of I. P. C. to undergo rigorous imprisonment for two years and to pay a fine of Rs. 2,000/- in default to suffer rigorous imprisonment for six months. Both the sentences were directed to run concurrently.

(2.) Appellant No.2, Sova Das was convicted and sentenced under Section 498A of I. P. C. to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,000/- in default to undergo rigorous imprisonment for six months with a direction that both the sentences were to run concurrently if the fine amount was not paid. It was further directed that the period of her detention in custody would be set off against the sentence under Section 428 of Cr. P. C.

(3.) The lodging of written complaint (Exhibit-1 series) by Josthna Dutta, P. W. 1, scribed by Subrata Majumdar, P. W. 2 at Jadavpur Police Station, prompted Madan Mohan Das, P. W. 12, S. I. of Police to fill in the formal F. I. R. vide Exhibit-7, and started Jadavpur P. S. Case No.296 of 1998 dated 28th May, 1998 against both the appellants under Sections 498A/326/34 of I. P. C. Subsequently Section 302 of I. P. C. was added.