MADHUSUDAN SAMANTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the order of conviction and sentence dated 10th Feb., 2009 and 11th Feb., 2009 passed by the Additional Sessions Judge, Arambagh, Hooghly, in Sessions Trial Case No.16 of 2003 whereby and where under the accused appellant was convicted and sentenced for the offence under Sec. 302 and 201 I.P.C. For the offence under Sec. 302 I.P.C., the accused appellant was directed to suffer rigorous imprisonment for life and pay fine of Rs.5,000.00, in default to suffer further imprisonment for two years. For the offence under Sec. 201 I.P.C. the accused appellant was directed to suffer seven years rigorous imprisonment and pay fine of Rs.2,000.00, in default to suffer further imprisonment for one year. Both the sentences were to run concurrently.

(2.) The case of the prosecution is that the accused appellant was married to the victim girl in March 1999, but he did not take her to her matrimonial home. On 23rd March, 2000 the accused appellant at 8:30 p.m. came to the parental home of the victim girl along with his three friends to take her to her matrimonial home. On the date of his arrival, i.e., 23rd March, 2000 he stayed with his wife at night in her parental house in a room given for his wife and himself. Another room was given for his three friends to sleep in. After taking meal at 11 p.m. accused appellant and the victim girl retired for the night. In the early morning of 24th March, 2000 the accused appellant informed his father-in-law, the father of the victim girl that the victim girl had gone missing. Subsequently, it was admitted by the accused appellant that he had killed the victim girl by pressing pillow on her face and that her body had been thrown by him in the Rupnarayan river. On 25th March, 2000 the body of the victim girl was found from the Launch Ghat at Gareghata. Prior to recovery of the body of the victim girl on 24th March, 2000 at 18:35 hours an F.I.R. was filed and Khanakul P.S. Case No.46 of 2000 dated 24th March, 2000 was registered against the accused appellant and his three friends. It was during investigation that the body of the victim girl was recovered on 25th March, 2000. Thereafter inquest was conducted and postmortem undertaken. On the basis of investigation charge-sheet was submitted against four of the accused appellants. Case was committed to the Court of Sessions wherefrom it was transferred to the Court of the Additional Sessions Judge, Arambagh, Hooghly for trial. The Trial Court framed charges against the accused appellant and three other persons under Sec. 302/201/120B/34 I.P.C. The charges were read out and explained to the accused appellant and three of the other charge-sheeted persons, all of whom pleaded not guilty and claimed to be tried.

(3.) The prosecution examined 16 witnesses. No evidence was adduced by defence. On the basis of oral evidence and documents exhibited, the Trial Court passed the order of conviction and sentence. The accused appellant was also examined under Sec. 313 Crimial P.C. Being aggrieved by the order of conviction and sentence, this appeal has been filed.