GOBINDA SHIL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 28th August, 2003 passed by the learned Additional Sessions Judge, 3rd Court, Nadia in Session Trial No. III of May 1999: Session Case No. 18 of July, 1998, thereby finding the accused Gobinda Shil guilty for commission of offences punishable under sections 498A and 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for two years and to pay a fine of Rs. 1000/- only, in default to suffer further imprisonment for three months for the offence punishable under section 498A for the Indian Penal Code and to suffer imprisonment for life and to pay a fine of Rs. 1000/-, in default to suffer further imprisonment for three months for the offence punishable under section 302 of the Indian Penal Code, both sentences having to run concurrently.

(2.) It is germane to mention that in the present case initially five accused were arraigned in the trial including the present appellant. But, at the stage of examination of PW14 the present appellant absconded. The Trial continued as against the other accused namely, Dipak Shil, Gopal Shil, Manik Shil, Sadhana Shil and Beni Madhab Shil. They were the three brothers-in-law, the mother-in-law and the father-in-law, respectively of the victim / deceased Barnali Shil (nee Pramanik). But, those other co-accused were acquitted from the charges by judgment and order dated 28th April, 2001 passed by the learned Additional Session Judge, 3rd Court, Krishnanagar, Nadia. Thereafter, the present appellant was arrested on 29th August, 2003 and the trial resumed as against him.

(3.) On 31st March 1996 at about 9.15 hours the informant Sudeshna Pramanik (PW1) lodged a First Information Report regarding the murder of her daughter Barnali. She stated that her daughter was given in marriage with the appellant Gobinda Shil about 5 years ago. After a few months her husband and other-in-laws started torturing her mentally and physically for more dowries. The informant and others would often visit Barnali's in-laws' place requesting them to resolve the issue. Suddenly, on 31st March 1996 at about 7.30 hours, they were informed that Barnali had been seriously ill. They rushed to Barnali's matrimonial home and found that Barnali was lying dead on a vacant land behind the latrine. A ligature mark was found encircling Barnali's neck and blood was oozing out of her mouth.