Ray, J. - (1.) CONSPECTUS of Appeal This Jail Appeal is directed against the Judgment and Order of conviction and sentence passed by the learned Additional Session Judge, 2nd Court, Bankura in Sessions Trial No. 2(9) of 2003. By the aforementioned judgement and order impugned dated 26.02.04 and 27.02.04 appellant Nos. (1) Patit Paban Mondal (In short A1) and (2) Dayamoy Mondal (In short A2) were found guilty of charges under Sections 498A/302/34, IPC and both of them were convicted accordingly. They were sentenced to suffer imprisonment for life each and to pay a fine of Rs.2000/- each in default whereof one month R.I. for the offence under Section 302/34, IPC. They were also further sentenced to suffer R. I. for three years and to pay a fine of Rs.5000/- each in default whereof fifteen days R. I. more for the offence under Section 498A of IPC. Sentences were to run concurrently. Background facts
(2.) THE factual matrix leading to the filing of this appeal by these two appellants from Medinipore Central Correctional Home may be summarized as under:- (1) One Ananda Mondal of village-Manipur, PS - Karimpur, Dist. Purulia, lodged an FIR on 18.01.2001 contending inter alia that her sister Tulsibala Mondal was married to Dayamoy Mondal, the eldest son of Patit Paban Mondal of Chandra village, within Saltora PS, District Bankura, in the year 1996. She was, however, subjected, to severe physical and mental torture by her husband and in-laws on various pretexts after the birth of a male child. Whenever she visited the informant's house, she used to narrate in details how she was tormented in her matrimonial home and also used to wail miserably by saying that her in-laws won't let her live. All on a sudden at 2 O'clock her father-in-law had been to his house to tell them that their sister had committed suicide around 10 O'clock. THEy rushed to their sister's house and found her dead. On the basis of such allegations as above Saltora PS Case No. 03 dated 18.01.01 under Sections 498A/306/34, IPC was registered for investigation against both the appellants and the case was endorsed to Debasis Ray, S.I. for investigation. Investigation In course of investigation the I.O. prepared a rough sketch map with index of the P.O. (Exhibit 8) and also tagged the U/D Case No. 2 dated 17.01.01., with the afore-mentioned specific PS case. He also held Inquest over the dead body of the victim in the house of appellants at village Chandra on 17.01.01 and prepared Inquest Report (Exhibit 9). During investigation he also examined available witnesses at the P.O. and also prepared the seizure list (Exhibit 10). The opinion of the autopsy surgeon was also collected by him and on completion of investigation he submitted the charge- sheet under Sections 498A/302/34, IPC against A1 and A2 in G. R. Case No. 28/01. Since accused persons were charge-sheeted under Sections 498A/ 302/34, IPC which are triable exclusively by the Court of Sessions, the case was committed to the Court of the learned Sessions Judge, Bankura in terms of Section 209, Cr. P.C. by the learned S.D.J.M. Bankura vide order dated 20.01.03. Heads of charge
(3.) BOTH the appellants were charged under Section 498A, IPC as also under Section 302/34, IPC by the learned Additional Sessions Judge, 2nd Court, Bankura, vide order dated 06.09.03. BOTH the appellants pleaded not guilty and claimed to be tried. Accordingly both of them were directed to answer charges so framed against them as follows :- "First :- That you on or about 13 years ago prior to 8.01.2001 marriage of Tulsibala was held with you Dayamoy as per Hindu Marriage religions rites and customs and since then she had been residing with you in your house at village Chandra P.S. Saltora Dt. Bankura and during her stay till her death, you being the husband and father-in-law of Tulsibala, in furtherance of your common intention used to torture upon her mentally and physically which was of such a nature (illegible) likely to drive her away from her matrimonial home, and thereby committed an offence punishable under Section 498A of the IPC and within the cognizance of this Sessions Court. Secondly - That you, on or about on 16.01.2001 at about 10.00 AM at village Chandra under P.S. Saltora in your own house, you both the accused persons in furtherance of your common intention to commit such offence you both the accused persons with such common intention did commit murder of Tulsibala by strangulation and thereby committed an offence punishable under Section 302/34, IPC and within the cognizance of this Sessions Court." Accordingly they were put to trial. The Trial Prosecution examined as many as 13 witnesses and also relied upon several exhibits (1 series, 2 series, 3 series, 4, 5, 6, 7, 8, 9,10 and 11) in support of its case while one witness was examined from the side of defence in order to substantiate its plea of alibi innocence and denial.;