SANKAR SAMANTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgement and order dated May 13, 1993 passed by the learned Sessions Judge, Midnapore in Sessions Trial Case No. VIII of September, 1992, convicting the appellant for commission of the offence punishable under sections 302/201 of the Indian Penal Code and sentencing him to suffer imprisonment for life and for commission of offence punishable under section 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for one year and to pay a fine of Rs.1,000/- in default to suffer rigorous imprisonment for two (2) months for the offence punishable under section 201 of the Indian Penal Code, both the sentences to run concurrently.

(2.) The prosecution case as alleged against the appellant is to the effect that on July 23, 1989, PW6 had been invited to the matrimonial house of his younger sister, viz. Kabita Samanta, on the issue of her pregnancy. He had arrived along with PW 4, viz. Tapan Kumar Samanta and their respective wives on the previous day at the matrimonial home of Kabita and both of them had dinner there. After dinner, Kabita complained of illicit relationship between her husband, Sankar Samanta, i.e. the appellant herein, and her sister-in-law, viz. Lakshmi. Over such issue, there was an altercation between the appellant and Kabita. They intervened and tried to settle the matter. Thereafter, they retired for the night. On the next day, PW1 and 4 went to the residence of the father-in-law of PW 4, who resided in a house adjacent to that of the appellant. Soon thereafter, they heard cries coming from the matrimonial home of Kabita and all of them rushed to the place of occurrence and found that a smell was coming from the upper portion of the house of the appellant. They went up-stairs and in the attic room, PW 6 found that her sister was burning. He inquired from the appellant, who stated that his sister had committed suicide by burning over the quarrel, which took place on the previous night.

(3.) He took the dead body of his sister to the police station. Soon thereafter, the appellant and the co-accused, Lakshmi, were not found at the place of occurrence. He lodged a complaint (Ext.4) with the police station resulting in registration of UD Case No.32 dated July 23, 1989 and the body of the victim was sent for postmortem. PW 10 conducted the postmortem over the dead body of the victim and opined that she had died due to strangulation by hand.