Thottathil B. Radhakrishnan, CJ, Arijit Banerjee, J. - (1.) This is an appeal against the judgment and order dated 27.09.2010 and 28.09.2010 passed by the Learned Additional Sessions Judge, 4th Court, Alipore, South 24 Parganas in Sessions Trial No.2(12) 04 arising out of Sessions Case No.68(9) 04 convicting the appellant for commission of offences punishable under Sections 302/201 of the Indian Penal Code, 1860 (in short 'IPC') and sentencing him to suffer life imprisonment for commission of offence punishable under Section 302 IPC and to suffer rigorous imprisonment for three years and to pay a fine of Rs.3,000/-, in default to suffer further rigorous imprisonment for three months for commission of offence punishable under Section 201 IPC. All the sentences were directed to run concurrently.
(2.) The written complaint was filed on 04.07.2004 by one Mahadeb Mondal (P.W.1). The complaint was to the effect that his daughter Pratima Bera (Mondal) had got married with the appellant. After about one year of the marriage a contention regarding doing of household works arose and Pratima was subjected to mental torture. Village level arbitrations were held more than once to resolve the dispute. On 03.07.2004 at about 8 p.m. in the night the appellant and his two brothers viz., Pradip Bera and Sandip Bera beat up Pratima with a rod and subsequently strangulated her to death with a piece of cloth. Thereafter they poured kerosene on her body and tried to put fire on her. The villagers around noticed the incident and on arrival they found that different parts of Pratima's body had got burnt and discoloured.
(3.) The fact remains that Pratima ('the victim') died although the factum of death is not mentioned in the written complaint. The dead body of the victim was discovered in the morning of 04.07.2004 about 60 feet away from the house of the appellant on a paddy field of the appellant's father. The dead body was found in half burnt condition. Pursuant to investigation a Charge-sheet was issued charging the appellant and his two brothers Pradip and Sandip on the following three counts: '(i) That you, all since after day of marriage of Pratima Bera till 03.07.2004 at her matrimonial house at Vill. Chack Fuldebi within P.S. being the matrimonial relations subjected cruelties both physically and mentally upon her and thereby committed an offence punishable under Section 498A of the Indian Penal Code, and within the cognizance of this Court. (ii) That you, along with others brothers within your common intention on 03.07.2004 at about 20-00 hours in your house at village Chack Fulbedi, P.S. Sagar committed murder by intentionally assaulting with iron rod which caused the death of Pratima Bera and thereby committed an offence punishable under Section 302/34 of the Indian Penal Code, and within the cognizance of this Court. (iii) That you, along with others viz. Pradip Bera and Sandip Bera in furtherance of your common intention on 03.07.2004 at about 20-00 hours at your house of village Chack Fuldebi, committed murder of Pratima Bera intentionally by assaulting her which is punishable with death or imprisonment of and fine and you thereafter hanged her on a tree by saree and (torn) Kerosene oil on her person and thereafter, set fire by straw to disappear the evidence of murder with intention of screening all of names as offenders from the legal punishment and thereby committed an offence punishable U/s.201 read with Section 34 of the Indian Penal Code, and within the cognizance of this court.' ;