DULAL CHANDRA GHOSH Vs. STATE

JUDGEMENT

(1.) The five appellants and one Ananda Ghosh, since deceased, were arraigned before a learned Additional Sessions Judge, Nadia, to answer the following charges :

(2.) After completion of the trial, all the five appellants were convicted under Section 302/34, Indian Penal Code and sentenced to imprisonment for life. They were also convicted under Section 148, Indian Penal Code and for such conviction, they were sentenced to suffer rigorous imprisonment for 3 years and to pay a fine of Rs.2,000/-each, in default to suffer further rigorous imprisonment for one year more. The substantive sentences of imprisonment were ordered to run concurrently. The fine, if realised, was ordered to be paid to the legal heirs of the deceased.

(3.) Briefly stated, the prosecution case is as under : Mantu Ghosh (the deceased) was living with his family at Ushidpur, P.S. Kotwali, Nadia. De facto complainant Binapani Ghosh (PW1), Cousin of Mantu's wife Jari (PW9) and sister-in-law of Mantu, was living in the house of Mantu since the death of her husband at tender age. Mantu constructed a new house at Brahmanagar, not far off from Ushidpur. Mantu's wife Jari shifted to the house at Brahmanagar 4 days before the occurrence and she gave birth to a child 3 days before the occurrence.