DOLGOBINDA NATH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appeal is directed against the judgment and order dated 27th June, 2014 and 30th June, 2014 passed by the learned Additional District & Sessions Judge, 2nd Court, Contai, Purba Medinipur in Sessions Trial No. 07/03/2010 arising out of Sessions Case No.47/3/2010 convicting the appellant for commission of offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 1,000/-, in default to suffer rigorous imprisonment for one year.

(2.) The prosecution case, as alleged against the appellant, is to the effect that the victim Bharati Jana was married to Purandar Jana @ Habla (PW 19) fourteen years ago. A son (PW 20) and a daughter (PW 9) were born to the couple. They were living peacefully together. 1' years prior to the incident the appellant adopted the victim as his god child. Subsequently, an illicit relationship grew up between them. After the death of the father-in-law of the victim, the appellant started residing with the victim at her matrimonial home. Members of the Mahila Samity raised objection over such relationship. However, they did not pay any heed to such objection and continued their relationship. A general diary was lodged at Ramnagar Police Station over the issue. Subsequently, a salish was held where the appellant agreed not to have any relationship with the victim. He also promised to return the gold ornaments and cash to the victim. Two days after the salish the victim went to the house of the appellant and she was assaulted there. On 11.11.2009 her dead body was found in the paddy field of Ganapati Patra (P.W. 17) by local people, P.W. 13 and 23. P.W. 1, sister of the victim, lodged complaint against the appellant at the local police station resulting in registration of Ramnagar PS Case No.127 of 2009 dated 15.11.2009 under Section 302/201 of the Indian Penal Code.

(3.) In conclusion of investigation, charge sheet was filed against the appellant and his wife and daughter, namely, Sumita Nath and Bhadri @ Kajal Nath and the case was committed to the Court of Sessions and thereafter transferred to the court of learned Additional District & Sessions Judge, 2nd Court, Contai, Purba Medinipur for trial and disposal.