BISHNUPADA PAUL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This Criminal Appeal has been filed against the judgement and order of conviction dtd. 14/11/17 and 16/11/17, passed by the Learned Additional Sessions Judge, Fast Track 1st Court, Kandi, Murshidabad in sessions Trial no. 237 of 2009 sentencing the appellant to suffer Rigorous Imprisonment for 3 years and a fine of Rs.10,000.00 in default to suffer further rigorous imprisonment for 6 months for the commission of offence punishable under Sec. 498A of the Indian Penal Code.

(2.) The prosecution case was initiated by lodging an FIR before the Officer-in-Charge Burwan P.S. by the de facto complainant on 5/6/2006 against the appellant alleging that on 6th Ashar of Bengali 1401, his sister since deceased was married to the youngest son of Late Kanai Paul, Bishnupada Paul according to the Hindu rites and rituals. On 8/4/2006, at about 6 A.M. he was informed over telephone that his sister has been murdered by her husband and other in-laws. It was also alleged that the appellant committed the murder of his sister and hanged her body with rope and portrayed it as a case of suicide. On hearing the de facto complainant went with his brother and 216 co-villagers and found his sister lying dead, on the floor and after reaching they found the mother-in-law and other family members escaped from the place and came to learn from his nieces who were aged 10 and 7 years respectively that their mother was murdered by strangling and hanged with rope.

(3.) Over the said written complaint Burwan P.S. case no. 81/06 started under Sec. 498A/306 Indian Penal Code. After completion of investigation the charge sheet was submitted against the accused persons and the matter was transferred after commitment before the Learned Sessions Judge, F.T.C 1st Court Kandi, Murshidabad where the charge was framed against the accused persons under Sec. 498A/306/34 Indian Penal Code. The content of the said charge was read over and explained to the accused persons to which they pleaded not guilty and claimed to be tried. Accordingly the trial commenced. The Learned Trial Court considering the facts and circumstances of the case and evidences adduced before the Court and the submission made before the Learned Trial Court passed the order of conviction against the present accused when acquitted the co-accused from all the charges. Being aggrieved thereby this appeal has been filed.