SUNIL MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant Sunil Kumar Mondal in this appeal was convicted and sentenced to imprisonment for life under section 302 Indian Penal Code by Shri S. N. Chakraborti, the learned Sessions Judge, Purulia, in the Sessions Trial No. 12 of 1985 on the charges under section 302/34 Indian Penal Code and under section 201/34 Indian Penal Code.

(2.) Prosecution case, in brief, was as follows: Sunil Kumar Mondal of the village Kalabani married Sandhyarani. They had no issue although 5/6 years elapsed after their marriage but before the death of Sandhyarani, Sunil used to ill-treat his wife. Sunil used to live with his father Kumud, mother Jashoda and brother Anil in the house. He had, however a separate room where used to live with his wife Sandhyarani. On 28th September, 1982 corresponding to 11th day of Aswin 1389 B.S. Some gandagol and shouting were heard in the house of Sunil in the morning and also at about 1.30 p.m. At about 7 p.m. on that day, Sunil informed the Chowkidar Manjura Sardar that his wife had committed suicide by hanging. The Chowkidar came to Sunils house. Other neighbours also came after hearing the talk about Sandhyaranis suicide. They found Sandhyarani hanging by a rope on her neck from the beam of SunilTs room with one of her legs on the cot and another touching the ground. The Chowkidar spent the night there and in the morning he went to the Police Station with Anil, the brother of Sunil.

(3.) Sahadev, a neighbour of the accused alongwith some other persons in the night itself went to the house of the father of Sandhyarani at Baichyakuli at a distance of about 7 miles from Kalabani and reported the death of Sandhyarani there. Santosh Mondal, the brother of Sandhyarani with some others came to the house of Sunil before the day break and in the morning Santosh went to the room of Sunil and saw the hanging body of Sandhyarani with one foot on the cot and another foot on the ground. He suspected that it was not a case of suicide. In the morning he alongwith Sahadev went to the Police Station where they saw Anil and Chowkidar with the Officer-in-Charge in his office room. Santosh submitted a written complaint alleging that Sunil and other inmates of their house had murdered Sandhyarani but the Officer-in-charge although accepted the complaint did not give him a copy thereof endorsing therein the receipt of the original on the plea that he had already sent one Sub-Inspector, Chittaranjan Das, to Kalabani to investigate into the matter in connection with the U.D. case already started on the unnatural death of Sandhyarani. On the basis of the complaint which, according to the Officer-in-charge was given to the Sub-Inspector Chittaranjan Das in the evening of 29.9.82, the P.S. case No. 17 of 30.9.1982 was started. The Sub-Inspector Chittaranjan Das, however, already started Investigation on 29.9.82 and examined several witnesses including Santosh Mondal, after holding the inquest immediately after his arrival at the place of occurrence. The dead body was sent to the hospital for post-mortem examination and the report showed that Sandhyarani had several ante mortem rib fracture injuries amongst others and that the death of Sandhyarani was homicidal and not suicidal.