- (1.) This appeal arises out of the judgment of conviction and sentence passed by the learned Additional Sessions Judge, 4th Court, Nadia in sessions Trial No. V of March, 2000 corresponding to sessions case No. 21 of May, 1996 convicting the appellant under Section 302 Indian Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of Rs.5,000/- in default to suffer S.I. for three months.
(2.) The prosecution case, in short, is that Manjari Bibi was married with Jamat Ali in the month of Chaitra, 1398 B.S. The marriage was registered. After marriage Manjari was subjected to torture in her matrimonial home by her husband, father-in-law and mother-in-law. Thereafter Jamat Ali started living in the father s house of Manjari from the month of Bhadra. On 15.10.1992 at about 12.30 A.M. Jamat Ali took Manjari to the field for attending nature s call, but, they did not come back home on that night. On the next morning the informant and others searched for them. In the afternoon at about 5.30 P.M. the dead body of Manjari was found lying on the paddy field. In absence of Manjari, Jamat Ali used to talk to Kouser Ali and Ubai Ali. The informant expressed his firm belief that Jamat Ali in collusion with Kouser and Ubai caused the murder of Manjari and left her body in the paddy field.
(3.) After completion of investigation, charge sheet was submitted. The learned Trial Judge framed charge under Section 302/34 I.P.C. to which the appellant pleaded not guilty and claimed to be tried.;