JAGADISH CHOWDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appeal is directed against the judgment and order dated 9th July, 2015 passed by the learned Additional Sessions Judge, First Court, Raiganj, Uttar Dinajpur in Sessions Case No.69 of 1999 in Sessions Trial No.41 of 2000 convicting the appellant for commission of offence punishable under sections 302/201 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 5,000/-, in default, to suffer simple imprisonment for six months more.

(2.) The prosecution case, as alleged against the appellant, is to the effect that he was married to the victim Fulbanti seven years ago. When Fulbanti was pregnant, the appellant had left her at the parental home. Two-three months later, a female child was born. The appellant did not take back his wife and daughter. Motilal Chowdhury (P.W.2), brother of Fulbanti came to know that the appellant and his family members were planning to give the appellant in marriage for the second time. He along with village people went to the house of the appellant on 106.1993. Initially the appellant declined to take his sister back. A salish in presence of local people was held. According to the design in the salish, on 13.06.1993 appellant took back his wife and daughter to the matrimonial home.

(3.) On 20.06.1993, Motilal Chowdhury (P.W.2) received a letter from a local club, Swamiji Sangha. On receiving such letter, he went to the house of the appellant but could not find the appellant. He enquired of the members of the club and came to know that a dead body was found at Bamuhaghat on the eastern bank of river Kulik. He identified the dead body as that of his niece Chameli, daughter of the appellant. He found clothings of his niece and sister lying near the dead body. The body of his sister could not be traced. Over the issue he lodged written complaint with the police station resulting in Raiganj Police Station Case No. 224 of 1993 dated 22.06.1993 under sections 364/302/201/120B of the Indian Penal Code against the appellant and his family members.