SAKTIPADABAYEN ALIAS DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal is directed against a conviction and sentence, passed, in Sessions Trial No. 1 (Nov)/90 arising out of Sessions case No. 33/90, on 30th January, 2003 convicting Shaktipada Bayen, Kanu bayen and Dhanu Bayen for offences under sections 302 and 201 and acquitting sukumar Bayen and sentencing the aforesaid convicts to undergo rigorous imprisonment for life as also to pay a fine of Rs. 1,000/-, in default, to suffer simple imprisonment for further six months under section 302 and further rigorous imprisonment for two years together with a fine of Rs. 1,000/-, in default, to suffer simple imprisonment for six months for the offences under section 201. The convicts have come up in appeal. During the pendency of the appeal shaktipada Bayen the first appellant, died which was recorded by a Division bench of this Court in its order dated 16th January, 2004. Briefly stated the facts and circumstances of this case are as follows: on 23rd June, 1983 one Shri Bholanath Sana since deceased, working as dafadar, informed the Officer-in-Charge, Nanur Police Station, in writing, which has been marked exhibit "5" that Chhabidasi, wife of Shri Biswanath Bayen of village Aatgram, had committed suicide by hanging herself by a branch of a mango tree. An unnatural death case bearing No. 9/83 dated 23rd June, 1983 was started. ASI Chandi Char an Banerjee of Nanur Police Station held inquest on 23rd June, 1983 at 12. 30 p. m. In his inquest report he recorded to have found

(2.) THE inquest report has been marked exhibit '1' and the said Chandi Charan banerjee was examined as P. W. 12. On 24th June, 1983 post-mortem was held by Dr. S. Nath (P. W. 14 ). In the post-mortem report which has been marked exhibit '6' extensive injuries on the body of the deceased including broken ribs on either side of the chest and ruptured lungs were found. Viscera was sent for medical analysis. The doctor reserved his opinion as to the cause of death.

(3.) ON 27th June, 1983 S. I. Abul Kasem, Inspector-in-Charge of the Nanur ps, after making, an enquiry, lodged an FIR against the aforesaid accused persons under section 302 read with section 34 and started a murder case.