DULAL PAUL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been filed challenging the judgment of conviction and sentence elated 7-5-91 passed by the learned Sessions Judge, West Dinajpur, Balurghat in Sessions Case No.22 of 1990 (S.T. No.8 of 1990) of that court.

(2.) The case is over one of the most burning problem of those days, an alleged Incident of bride kilting. The appellant, Dulal and. the deceased, Sabita @ Arati married in 1988 AD in the month of Magh according to Bengali Calendar and they lived at Banamali in the house of one Birendra Nath Paul, alleged to be a distant relative of the appellant. On 4-9-89, in the morning the said Birendra called at the house of the defacto complainant and informed them that Sabita, the brother's daughter to defacto complainant, died in the preceding evening. The uncle and the mother of the deceased rushed to the matrimonial home of Sabita @ Arati and found that her deadbody was laid stretched on the courtyard. They noticed marks of injuries on the body, and learnt that the victim and the appellants quarrelled on the day before and that they had strained relationship, as the illicit love affair of Dulal with another girl continued despite their marriage. The defacto complainant suspected that Sabita was murdered by Dulal by strangulation at the instigation of Tapati and another housewife Rikta, addressed as "Bara Bowdi" and "Choto Bowdi" by accused Dulal, A case was initiated accordingly In the local P.S. under section 302/34 IPC.

(3.) The learned Sessions Judge, West Dinajpur at Balurghat, framed, charges under section 302 IPC against the appellant and under section 302/109 against Tapati and Sheuli, the two women of whom the former was the mother of the latter. After hearing of the case the said two women were acquitted by the learned Sessions Judge holding that there was no evidence against them. But the appellant was found guilty of the charge under section 302 IPC and was convicted and sentenced to Imprisonment of life. -The convict preferred the appeal.