A.K.Bhattacharya, J. - (1.) The present appeal is directed against the Judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, 1st Court, Bankura in Sessions Case No. 3(2)92 [S.T. No. 4(7)92] on 27.03.1998.
(2.) The prosecution case, in brief, is that the defacto complainant's daughter Jharna was given in marriage with accused Gadai @ Jiten Bouri about six years back. Since then the said Gadai and his mother Khandi Bouri used to ill-treat and torture upon her physically and mentally and threatened to drive her out from the house, and the complainant (P.W. 2) informed the matter to his eldest son-in-law Madan Bouri (P.W. 1) and relative Badal Bouri. On 01.08.1990 at about 9.30 a.m. on receipt of an information from his daughter's neighbourers Habu Bouri (P.W. 11) and Biswanath Bouri (P.W. 8) that his daughter Jharna was lying on her bed, the complainant with his wife Bhanumati went there and found the dead body of their daughter with bruise mark on her neck. It is strongly apprehended that at the instigation of his mother, accused Gadai committed murder of Jharna by strangulation with the help of a wire or a strong narrow rope. After completion of investigation police submitted charge-sheet against accused Gadai @ Jiten Bouri under section 302 IPC. Hence, accused Gadai @ Jiten Bouri was charged under section 302 IPC.
(3.) The defence case, as suggested to P.Ws. and as contended by the accused during his examination under section 313 Cr. P.C., is that Jharna was never subjected to torture physically or mentally by the accused nor the accused committed her murder. He used to take his meal in his house daily in the evening and used to sleep in his cycle repairing shop at Paprar More at night.;