DILIP DEBNATH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgement and order dated 25.04.2008 and 28.04.2008 passed by the learned Additional District and Sessions Judge, Fast Track, 3rd Court, Diamond Harbour Court, Diamond Harbour, South 24 Parganas, in Sessions Trial No. 11(1) 05 arising out of Sessions Case No. 61(7)04 convicting the appellant for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer life imprisonment.

(2.) The prosecution case, as alleged, against the appellant and other accused persons is to the effect that appellant was married to the victim Sunita Patra according to Hindu Rites and Customs. The appellant was a trekker driver and in connection with his employment used to come home after an interval of 2/3 days. On 09.05.2004 in the evening the mother of the victim (P.W. 3) had gone to the matrimonial home of the victim along with her niece (P.W.4) to bring the victim to her paternal home for casting vote for the Parliamentary Election in the next day i.e. on 10.05.2004 and stayed there for the night. On the next day, that is on 10.05.2004, the appellant came home around 7 a.m. The appellant had returned home after 2/3 days. There was an altercation between the appellant and the victim over such issue. Thereupon, the appellant dragged the victim inside the room and murdered her by suffocating her and fled away. The parents of the appellants were present but did not rescue the victim.

(3.) On the written complaint of the father of the victim, Sagar P.S. Case No. 28/2004 dated 10.05.2004 under Section 302 of the Indian Penal Code was registered against the appellant and his parents. In conclusion of investigation, charge-sheet was filed against the appellant under Section 302 of the Indian Penal Code and his father Bhagyadar Debnath and mother Parbati Debnath under Section 302/109 of the Indian Penal Code and the case was committed to the Court of Sessions and transferred to the Court of Additional District and Sessions Judge, Fast Track, 3rd Court, Diamond Harbour, South 24 Parganas for trial and disposal.