SANKARI JANA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Appeal is directed against judgment and order dated 15.06.2015 and 16.06.2015 passed by learned Additional Sessions Judge, 1st Court, Contai, Purba Medinipore in Sessions Trial No. 01 of Dec, 2008 arising out of Sessions Case No. 29/April/2008 convicting the appellant under Section 302 of the Indian Penal Code and directing him to suffer rigorous imprisonment for life and to pay a fine of Rs.5000/-, in default, to suffer further rigorous imprisonment for six months.

(2.) The prosecution case as alleged against the appellant is the effect that on 01.12006 around 5 P.M. one Sushila Jana (PW 3), grandmother of the victim, Triptesh Jana, could not find the victim and started searching for him. She asked about his whereabouts from the appellant Smt. Sankari Jana, stepmother of the victim. Sankari initially replied she did not know. Thereafter, other neighbours joined in the search. When the neighbours queried Sankari she stated that the victim may have fallen in the pond. Neighbours searched the pond but could not trace out the victim. Thereafter, the dead body of the victim was recovered below the staircase of the house occupied by Sankari. The victim was taken to Kamarda B.P.H.C where he was declared dead. One Asutosh Jana lodged written complaint resulting in Khejuri PS Case No.61 of 2006 dated 012006 under Sections 302/201 IPC against Sankari Jana, the appellant.

(3.) In conclusion of investigation charge sheet was filed and the case was committed to the Court of Sessions and transferred to the Court of Additional Sessions Judge 1st Court, Contai, Purba Medinipore for trial and disposal. Charge was framed under Section 302 IPC. The appellant pleaded not guilty and claimed to be tried.