G.C.De, J. - (1.) This jail appeal was filed by the convict Surodhani Roy @ Sumitra Roy through Superintendent of Berhampore Central Jail, District Murshidabad challenging the judgement and order of conviction dated 17.5.96 and the sentence passed on 21.5.96 in Sessions Case No. 4/95 (S.T. No. 8/95) by the learned Sessions Judge, Jalpaiguri. By the said judgement the accused Surodhani Roy @ Sumitra Roy was found guilty of the offence under section 302/201/381 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 3,000/- i.d. to suffer R.I. for one year under section 302 of the Indian Penal Code. She was also convicted under section 201 of the Indian Penal Code and was sentenced to suffer R.I. for two years and to pay a fine of Rs. 500/- i.d. to suffer R.I. for two months. She was further convicted under section 381 of the Indian Penal Code for which she was sentenced to suffer R.I. for two years and a fine of Rs. 500/- i.d. to suffer R. I. for two months. All the above sentences were directed to run concurrently.
(2.) Accused Giribala Roy was also found guilty of the offence punishable under section 411 of the Indian Penal Code and she was convicted thereunder and sentenced to suffer R.I. for one year. Direction under section 428 of the Criminal Procedure Code was also there for setting off the period of detention, undergone in course of the trial, with the substantive imprisonment.
(3.) Another accused Sri Moni Roy was, however, found not guilty to the charge under section 411 of the Indian Penal Code and he was acquitted. Be it mentioned here that acquittal of Moni Roy has not been challenged.;