- (1.) This appeal is directed against the judgment and order dated 3/7/2008 and 4/7/2008 passed by the Ld. Additional Sessions Judge, 6th Fast Track Court, Malda in Sessions Trial No. 62 / 07 arising out of Sessions Case No. 173 / 07 whereby and whereunder while extending the benefit of doubt to 11 accused persons, he, however, found this appellant (Sunil Ghosh) guilty under Sections 302 / 201 of the Indian Penal Code and sentenced him to undergo imprisonment for life for the offence under Section 302 and to pay a fine of Rs. 2,000/- and also to suffer imprisonment for 7 years for the offence under Section 201 of the Indian Penal Code. Both the sentences were directed to run concurrently.
(2.) The case arises out of Ratua P.S. Case No. 123 / 04 registered on 12/8/04 and initiated on the basis of a written report submitted by one Subhas Ghosh, the complainant (P.W 2) naming this appellant along with Bharat Ghosh, Ram Ghosh, Laxman Ghosh, Dhananjay Ghosh, Abhay Ghosh, Kaltu Ghosh and others as accused. In the written report it was stated that his sister Kanchan Ghosh (aged 26 years) was married to Sunil Ghosh (the appellant herein) 7 years ago. It was stated that since after the marriage, the appellant started torturing Kanchan physically and mentally under instructions of the other accused persons. Kanchan had 3 children and yesterday i.e. on 11/8/04 at about 5:30 P.M., the informant came to know from the villagers that the accused persons had killed his sister after beating her up and had hanged her after throttling her in the room. On receiving such a news he at once went to the house of the appellant but could not find the dead body. They also did not find anybody in the house and thereafter they wanted to know about the incident from the co-villagers who told them that the appellant and others had gone away carrying the dead body of Kanchan. The informant and his co-villagers then started searching for the dead body and in the process of such search, the appellant Sunil Ghosh was found in the village field of Araidanga. On being asked, he confessed before Rabi Ghosh (P.W 3), Netai Ghosh and many others that Kanchan's body had been burnt after killing her and the body disposed of in the Gobarchona burial ground.
(3.) The case was committed to the Court of Sessions and thereafter it was transferred to the Court of the Ld. Additional District and Sessions Judge, 6th Fast Track Court, Malda for trial and disposal. During the course of trial, as many as 16 witnesses were examined by the prosecution. P.W 1 is one Rekha Ghosh who is a neighbour of Kanchan Ghosh. She stated that Kanchan had died 3 years ago but she did not know the cause of her death. She was declared hostile.;