AJIT PRAMANIK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appeal is directed against the judgment and order dated 20.12.2011 and 22.12.2011 passed by the learned Additional Sessions Judge, Fast Track, 1st Court, Berhampore, Murshidabad, in Sessions serial no. 1008 of 2008 (sessions Trial No. 4 (4 of 2009)) convicting the appellant for commission of offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay fine of Rs.10,000/-, in default, to suffer further simple imprisonment for six months more has been assailed.

(2.) The prosecution case as alleged against the appellant is to the effect that appellant was married to the victim Purnima Pramanik 16 years prior to the incident. Prior to the marriage appellant had been married to the elder sister of Purnima. From the first marriage, a son named Ashish was born. From the wedlock between the appellant and the deceased another son, Baban, was born to the couple. It is alleged that the appellant used to ill-treated his wife over domestic issues. On 26.07.2007 appellant took the victim for a baul song programme at Nowda Panoor village. They, however, did not return home and on the next day i.e. on 27.01.2007 at around 7 a.m. the dead body of Purnima with bleeding injuries was found in the land of the appellant. Father of Purnima, Naba Kumar Pramanik (since deceased) lodged F.I.R. before Berhampur Police Station being F.I.R. No. 41 of 2007 dated 27.01.2007 under Sections 498A/302 of the Indian Penal Code against the appellant. Inquest and post mortem were held over the dead body of the victim. After the incident appellant was untraceable in the village and during investigation warrant, proclamation and attachment were issued to secure his arrest. Finally, the appellant was arrested on 20th November, 2008 and put on trial.

(3.) Case was committed to the Court of Sessions and transferred to the Court of the Additional Sessions Judge, Fast Track Court, Berhampur, Murshidabad, for trial and disposal.