JOYDEB SARDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is taken up for hearing with the consent of the parties.

(2.) The appeal is directed against the judgment and order dated 23.11.2016 and 24.11.2016 passed by the learned Additional Sessions Judge, Fast Track Court-II, Bichar Bhawan, Kolkata in Sessions Case No.29 of 2013 arises out of Sessions Trial No. ST No.2(7)/2013 convicting the appellant for commission of offences punishable under Section 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs. 1000/-, in default to suffer further rigorous imprisonment for one year more.

(3.) Prosecution case as alleged against the appellant is to the effect that the victim Maya Biswas was a sex worker. Two months prior to the incident she had started residing on the ground floor of 24, Imam Bux Lane. Prior to that, she was residing at 97, Durgacharan Mitra Street with her sister Mamani Biswas, P.W. 3, the informant, in this case. The victim was married twice. Firstly, she had married one Soumen Biswas and two children were born from the said marriage. Subsequently, she married to one J. Mondal and a son was born from the said wedlock. Two years prior to the incident the victim developed a relationship with the appellant. He was unemployed and used to stay at 97, Durgacharan Mitra Street. He used to extract money from the victim for drinking and there was quarrel between them over such issue. He used to assault the victim also. After the victim had shifted to 24, Imam Box Lane, the appellant used to visit the victim at the said place. On 17th Kartick the victim had come to the residence of her sister Mamani and complained of ill treatment by the appellant over demands of money. She also informed Mamani that the appellant had threatened to kill her. Mamani advised the victim not to mix with the appellant. On 19th Kartick around 8 A.M. a girl, namely Purnima informed Mamani that there is an assemblage of people in front of 24, Imam Box Lane. Hearing this, she went there and found the victim was lying in her room in a dishevelled condition. She found bloodstains on the victim's wearing apparels. Money and mobile phone of the victim could not be traced. Mamani lodged complaint with the police authorities resulting in registration of Battala PS Case No.571dated 5.11.2012 under Section 302 IPC. Post-mortem examination revealed that the victim died due to manual strangulation. Appellant was arrested and upon medical examination marks of injuries were found on the appellant. Charge sheet was filed against the appellant in the instant case. The case was committed to Court of Sessions and transferred to the Court of Additional Sessions Judge, Fast Track Court-II, Bichar Bhawan, Kolkata for trial and disposal. Charge was framed under Section 302 IPC. The appellant pleaded not guilty and claimed to be tried.