- (1.) This appeal is directed against a judgment and order dated 30th and 31st August 2004 passed by the learned Judge (EC Act) and Additional District Judge, Alipure, 24 Parganas (South) in ST 3(7) of 2001 whereby the appellant was convicted for commission of an offence punishable Under Section 498A and 304B of the Indian Penal Code and sentenced to suffer rigorous imprisonment for three years as also to pay a fine of Rs. 5000/-, in default to suffer further rigorous imprisonment of six months and further sentencing him to undergo rigorous imprisonment for life for the aforesaid offences respectively. Both the sentences were however directed run concurrently.
(2.) The facts and circumstances of this case briefly stated are as follows: The appellant Pinku Das married the deceased Mina, aged about 19 years, on 31st January 2000 according to Hindu rites. On 26th June 2000 her dead body was found on a railway bridge near her matrimonial house. The cause of death, based on the inquest report, was initially supposed to have been strangulation and subsequent burning of the body. The Autopsy Surgeon however opined that the cause of death was ante mortem burns which has been endorsed by a number of scientists including the P.W.34 Dr. Rabindra Basu, a Professor and Head of the Department of Forensic and State Medicine and Vice-Principal of N.R.S. Medical College and Hospital. The appellant, his mother Basanti, his sister Manju, her husband Sundeshwar and one Bubun were the accused in this case. Bubun absconded. The case was therefore split up and filed for the present against the absconder Bubun. The balance four accused persons were tried. Three of them were acquitted and the appellant was convicted and punished as indicated above.
(3.) When the appeal was taken up for hearing, it appeared that there was no representation on behalf of the appellant. An administrative notice in the circumstances was sent to the appellant who was and still is in jail. On 28th March 2008 the appellant made a prayer to this Court through the Superintendent of the Presidency Jail for engaging a lawyer to represent him at the cost of the State. Based on his aforesaid prayer this Court on 24th July 2008 requested Mr. Kapoor, learned Senior Advocate and a former Additional Solicitor General of India to represent the appellant. Mr. Kapoor took up the assignment in the right earnest. True to the best traditions of the bar he made thorough research in the bundle of facts and law assisted by Ms. Sarbopriya Mukherjee, Rohitendra Chandra Dev and K.S. Bose, learned Advocates of this Court. The matter was heard on a number of days. Mr. Kapoor at the conclusion of the hearing prayed for outright acquittal of the appellant. Mr. Mallick assisted by Mr. Kalyan Mitra appearing for the State however prayed for affirmation of the order under challenge. We shall have occasion hereafter to notice the submissions advanced by the learned Advocates at a later stage in some detail.;