- (1.) This appeal has been directed against the Judgment and Order dated 3rd January, 2009 and 5th January, 2009, passed by Sri Siddhartha Roy Chowdhury, learned Additional Sessions Judge, Fast Track 6th Court, Malda, in Sessions Case No.101/08, S.T No. 61/08, whereby the learned Trial Court has acquitted accused Belo Bewa and Jita Mondal @ Gita Mondal, but convicted the appellant/accused Mittan Mondal for the offence under Section 302 of the Indian Penal Code and sentenced him to suffer imprisonment for life for the offence under Section 302 of the Indian Penal Code and to pay fine of Rs. 20,000/-.
(2.) It appears that the prosecution case, in short is that on 1.8.1997 a written complaint was lodged before Officer-in-Charge, Manikchak Police Station by one Aglu Chandra Das alleging that his second daughter, Baby Das, was married to Mittan Mondal of Umeshghoshtola 1 year 5 months ago and after marriage they were living peacefully for about 6 months, but thereafter the said Baby Das used to tell her maternal aunt Aloti Mondal that her husband had extramarital relation with his elder brother Sudhir Mandal's wife Jita Mandal, to which she protested, and on such protest she was subjected to both physical and mental torture by Mittan Mondal, Jita Mondal and Belo Bewa, and on 31.7.1997 at about 10 hours in the morning Rabi Mondal, brother-in-Law of the complaint/informant, informed him that his daughter Baby was lying in her bed room and foul smell was emitting from her body, and Shankar Mondal informed him about the incident. Thereafter the complainant/informant with his family members went to the matrimonial home of his daughter and found that the dead body of said Baby was lying on the floor and none other was there and he also found puffed up decomposed body of his daughter whom he believed to have been murdered.
(3.) On the basis of the said written complaint Manikchak Police Station Case No. 48/97 dated 1.8.1997 was registered and Police investigated into the case and submitted Charge-sheet against the accused persons. Thereafter the case was committed to the court of learned Sessions Judge by the learned Additional Chief Judicial Magistrate concerned and the learned Sessions Judge transferred the case to the learned Trial Court for trial.;