Patherya, J. - (1.) In this appeal the order of conviction and sentence dated 22nd November, 2005 and 23rd November, 2005 passed by the Additional Sessions Judge, Fast Track Court II, Barrackpore, North 24-Parganas in sessions Trial Case No. 6(3)/2004 arising out of Sessions Case No. 3(1)/2004 is under challenge.
(2.) By the said order, the accused appellant was convicted under Sections 498A/302 Indian Penal Code and directed to suffer rigorous imprisonment for three years with fine of Rs. 3,000/-, in default to suffer rigorous imprisonment for three months in respect of the offence under Section 498A Indian Penal Code. In respect of Section 302 Indian Penal Code, the accused appellant was directed to suffer imprisonment for life and make payment of a fine of Rs. 10,000/-, in default to suffer rigorous imprisonment for one year. Both the sentences were to run concurrently.
(3.) The case of the prosecution is that the incident took place on 27th August, 2002 and F.I.R. was filed by the father of the victim at 10-05 hours and Baranagar P.S. Case No. 125 of 2002 registered. The accused was arrested from his house on the same day at 14-05 hours and U.D. Case No. 49/2002 was recorded at 10 A.M. on the same day in the room of the victim. This will be evident from the inquest report filed being Exhibit 2/3. Thereafter the body of the victim was handed to constable (P.W. 7) for postmortem. The postmortem report is Exhibit 5 wherein, various injuries have been mentioned. The cause of death, according to P.M. Doctor, is asphyxia resulting from smothering, antemortem and homicidal in nature. On the basis of Baranagar P.S. Case No. 125 of 2002 investigation was undertaken, and charge sheet was filed and charges framed under Sections 498A/302 Indian Penal Code. The charges were read over and explained to which the appellant pleaded not guilty and claimed to be tried. On the basis of the aforesaid, case was committed to the court of the Sessions and thereafter, was transferred to the court of Additional Sessions Judge, Fast Track Court-II. In all, nine witnesses were examined by the prosecution. No witness was examined by the defence. The accused appellant was examined under Section 313 Code of Criminal Procedure and on appreciation of the documentary evidence so also the oral evidence of the prosecution witness, the trial court convicted the accused appellant and sentenced him under Sections 498A and 302 Indian Penal Code and directed him to suffer sentence as mentioned above.;