PRASANTA BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal against the judgment and orders dated 30 March, 2007 and 31 March, 2007 passed by the learned Additional Sessions Judge, Fast Track Court-II, Ranaghat in Sessions Trial No. 77 of Sept., 2004 arising out of Sessions Case No. 60 of April, 2004 convicting the appellant under Section 302 of the Indian Penal Code (in short "IPC") and sentencing him to suffer imprisonment for life and to pay fine of Rs. 5,000/-, in default, to suffer rigorous imprisonment for six months.

(2.) The victim (Shrimati), was the wife of the appellant. A written complaint was lodged by the victim's father (Ramdhun Biswas) on 5 November, 2002 (date of occurrence) to the effect that the victim was given in marriage to the appellant about four years back. A few days after the marriage, disturbance started between the victim and the appellant over the issue of illicit relationship between the appellant and a lady of the same village. The matter was settled by the villagers on some occasions. On 5 November, 2002 at about 7 A.M. he received information that his daughter had died. He went to the place of occurrence, i.e., the appellant's house, and found his daughter lying dead and a mark was found on her neck. He suspected that she was murdered by the appellant in order to fulfil his ill motive.

(3.) Based on the written complaint a First Information Report was registered. Inquest and post-mortem was conducted on the body of the victim. Charge-sheet was issued on 7 July, 2004. The appellant was convicted under Section 302 IPC on 30 March, 2007 and was sentenced on 31 March, 2007. He was immediately taken into custody and has been in custody since then.