INDRAJIT @ TUNA MAJHI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against a judgment and order of conviction dated 03.03.2005 and sentence dated 04.03.2005 passed by the Learned Sessions Judge, Purulia in Sessions Trial No. 16/2004: Sessions Case No. 117/2004, thereby convicting the appellant under Sections 302 and 498A of the Penal Code. While the appellant was sentenced to suffer rigorous imprisonment for life and to pay a sum of Rs. 5000/-, in default to suffer further imprisonment for six months for committing the offence under Section 302 of the Penal Code, no separate sentence was passed for the offence under Section 498A of the Code. By the same order dated 03.03.2005, the other accused Shibu Majhi, Chhabi Majhi and Methar Majhi were acquitted from all the charges. It may be germane to mention that the trial had been split up vide order dated 26.08.2004 from the proceeding against the accused Hemanta Majhi as he was found to be a juvenile at the date of occurrence.

(2.) On 03.03.2001 at about 12:45 hours PW 2, the father of the victim/deceased lodged a First Information Report with the Arsha Police Station under Sections 498A, 302 read with Section 34 of the Penal Code against the present appellant and four others. In the said First Information Report, PW 2 alleged that in the preceding year he had given his daughter Palashi Majhi in marriage to the appellant. On the demand of the bridegroom, he gave adequate dowry to him including some cash. But after marriage the accused started torturing the victim. Once the victim was beaten up so severely that she had to be brought back home. Later at the insistence of some relations of the appellant, they were allowed to take the victim back to the matrimonial home. In the night of 02.03.2001 the accused conspired together and killed his daughter by throttling her. On the next morning PW 2 came to know about such murder from a reliable source. On reaching the place of occurrence, he found his daughter lying dead.

(3.) Investigation commenced. On 03.03.2001 at about 15:35 hours, PW 14, a Sub Inspector of Police, conducted an inquest over the dead body of the 20 years old victim in the house of the appellant in the presence of witnesses PWs 2, 6, 8, 9 and another. PW 14 found that white coloured froth was coming out from the nose of the victim. On the left side of the throat, a slight mark of a scratch and on part of the throat a blackish mark were found. It came out from preliminary investigation that the deceased was killed by throttling. Post-mortem examination was done on 04.03.2001 at 15:00 hours by PW 1. During investigation the accused gave a statement under Section 164 of the Code before PW 17. After the completion of investigation a charge-sheet dated 31.07.2002 was submitted against all the accused.