KAMAL CHAKRABORTY Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. J. M. Choudhury, learned senior counsel assisted by Mr. B. M. Choudhury appearing for the accused appellant and Mr. F. H. Laskar, the learned P. P.

(2.) THIS appeal is directed against the Judgment and Order dated 5. 10. 2001 passed by the Sessions Judge, Goalpara in Sessions Case No. 13/98 whereby the accused appellant was convicted under Section 302/201, IPC and sentenced to imprisonment for life and to pay a fine of Rs. 1,000/- in default further imprisonment for six months under Section 302, IPC. The accused appellant was also sentenced to imprisonment for five years and to pay a fine of Rs. 1,000/- in default further imprisonment for three months under Section 201, IPC. Both the sentences were ordered to run concurrently.

(3.) THE accused appellant Kamal Chakravorty, for short, 'kamal' is the husband of Ranu Devi Chakravorty, a Nurse serving at Silchar Medical College. The couple was married some time in the year 1990 and they were blessed with a daughter Lipika Chakravorty (PW 1 ). Ranu Chakravorty was found missing since 4. 6. 96/ 5. 6. 1996 for which a missing entry was given by the husband. Thereafter on 19. 11. 1996 Pabitra Kumar Bhagabati (PW 3), the brother of Ranu filed a written FIR at Dudhnoi Police Station stating inter alia that on June 4th the couple along with the daughter and maid servant Damayanti Boro @ Dulu (PW 2) came to Dudhnoi and stayed at the house of Krishna Kanta Bhattacharyya to attend the marriage ceremony of Ranu's sister at Simulitola scheduled to be held on 12. 6. 1996 and since then Ranu was missing. It was further stated in the FIR that it has come to the knowledge of PW 1 and PW 2 that the accused Kamal with the help of Krishna Bhattacharyya killed Ranu Chakravorty and disposed of the dead body by burying the same. Dudhonoi P. S. Case No. 145/96 was registered and it was investigated by police and although police tried to search and recover the dead body it failed. Thus this is a case of 'corpus Delicti'.