STATE OF WEST BENGAL Vs. TAPAS MONDAL

JUDGEMENT

(1.) This death reference is directed against the order of conviction and sentence dated 8th September, 2015 and 9th September, 2015 passed by the Additional Sessions Judge, 3rd Fast Track Court, Berhampore in Sessions Trial No.12(12)08 and 02(01)12 arising out of Sessions Serial No.956 of 2008 whereby and whereunder the Trial Court sentenced the accused appellant to death for the offence under Section 302 I.P.C and for the offence under Section 304B I.P.C. to suffer R.I. for life and pay fine of Rs.10,000/- in default R.I. for two years and to pay fine of Rs.2000/- for the offence under Section 498A I.P.C. in default R.I. for four months. The sentences were to run concurrently. While passing of the said order a reference was made by the Trial Court under Section 366 Cr.P.C. and it is only pursuant thereto that the reference has been placed before us for confirmation of the death reference.

(2.) The accused appellant has also filed an appeal against the order of conviction and sentence which has been registered as CRA 773 of 2015. Both the death reference being Death Reference No.7 of 2015 and Criminal Appeal No.773 of 2015 arise from the common order of conviction and is being disposed of by a common judgment.

(3.) The victim girl was subjected to both physical and mental torture for non-payment of balance Rs.30,000/-. Despite such torture she continued to stay there and on 8th February, 2008 she came to her parental home with her baby and informed her parents that unless a sum of Rs.30,000/- was paid she would not be allowed to live and would be killed by the accused. The defacto complainant took the victim girl in the evening of the same day and assured the accused appellant that six months time be given for payment of Rs.30,000/-.