- (1.) THIS appellant, in a trial held before the learned Additional Sessions Judge, 2nd Court, Bankura, was convicted under Sections 302/201 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay a fine of Rs.5,000/ - with default clause but no separate sentence was imposed for his conviction under Section 201 of the Indian Penal Code.
(2.) AGAINST the aforesaid order of conviction and sentence, invoking Section 383 of the Code of Criminal Procedure, the appellant preferred this appeal before this Court with a prayer for engaging a Lawyer to defend him against his conviction in the appeal. This Court engaged Md. Ashraf Ali, a Lawyer in the State panel and practising in Criminal side for about 30 years, to appear on his behalf at the cost of the State.
(3.) THE background facts of the case, in brief, are as follows: - The victim, Sarathi was the lawfully married wife of the appellant, Dayamay Mondal. On 9th June, 1992, the maker of the F.I.R., mother of the victim was informed by one Kirtan Mondal that her daughter had expired sometime in the afternoon on that day. When on the next morning, she went to the Village, where the matrimonial home of her daughter was situated and reaching there, she came to learn that her dead body has already been taken out for cremation and suspecting some foul play, she immediately reported the incident to the police and then the police rushed to the spot and recovered the half -burnt dead body of her daughter from a funeral pyre, and after recovery of the dead body, the same was sent for post mortem. During post mortem, the Autopsy Surgeon found multiple injuries in her person and opined that death was due to hanging. The information given to the police gave rise to a case registered at Mejhia Police Station under Sections 498A/306/201 of the Indian Penal Code and police after conclusion of investigation, submitted the charge sheet for the self -same offences. However, during trial, the court framed the charges under Sections 498A/302/201 of the Indian Penal Code against the appellant.;