- (1.) This appeal is directed against the judgment and order of conviction and sentence dated 30th March 2007, 2nd April, 2007 and 3rd April, 2007 passed by the Additional District & Sessions Judge, Fast Track Court, Kalna, Burdwan, in Sessions Trial No. 12 of 2006 arising out of Sessions Case no.19 of 2006, whereby and whereunder the appellants were convicted and sentenced for the offence committed under Sections 302 & 201 of the Indian Penal Code (IPC) and directed to suffer rigorous imprisonment for life with a fine of Rs.5000/- each, in default, to suffer R.I. for five months for the offence committed under Section 302 IPC and further directed to suffer rigorous imprisonment for three (3) years with a fine of Rs.1000/- each, for the offence committed under Section 201 IPC. Both the sentences were to run concurrently.
(2.) The case of the prosecution is that on 22nd August, 1999 a written complaint was filed with the Officer-in-Charge, Purbasthali P.S. by one Narayan Singh, alleging his daughter, Sulekha Mondal married to Netai Mondal four months ago was tortured by in-laws, since a few days after marriage. His son-inlaw, the accused appellant no.1 had an illicit relation with another woman to which the victim girl protested and the accused appellant no.1 threatened that in case the said relationship was disclosed he would kill her. The protest by the victim girl resulted in torture being inflicted on her by not only the accused appellant no.1 but also the mother of the accused appellant no.1, Ananta Biswas (meso of the accused appellant no.1), wife of Ananta Biswas and Ananda Biswas (elder brother of accused appellant no.1). The said incident of torture was informed by the victim girl to the de facto complainant and also to her mother and other members of her paternal family. On 16th August, 1999, the accused appellant no.1 took the victim girl to visit his aunt's house at Dhakuria near Fulia. On 17th August, 1999, in the evening the relative of the accused appellant no.1, Kajal Mondal, visited the paternal house of the victim girl and informed that the victim girl had been found dead in a train accident in between Fulia and Habibpur railway station under Ranaghat G.R.P. On receiving such information on 18th August, 1999 the de facto complainant went to the office of Ranaghat G.R.P. and came to know that the body of the victim girl had been found between the Fulia and Habibpur railway station on 16th August, 1999 between 8 to 8.30 p.m. On the basis of the said information received a written complaint was filed by the father of the victim girl and Purbasthali P.S. Case No. 68 dated 22nd August, 1999 was started under Sections 498A and 306 IPC against the accused appellants and four others.
(3.) On the basis of the said complaint lodged, investigation was undertaken and in course of investigation the accused appellants were arrested and subsequently enlarged on bail. On completion of investigation the I.O. submitted charge-sheet under Sections 302/201/34 IPC against the accused appellants and four others. Thereafter the case was committed to the Court of Sessions wherefrom it was transferred to the Court of Additional District and Sessions Judge, Fast Track Court, Kalna. Charges were framed under Sections 302/201/34 IPC against the accused appellants, Ananda Biswas, elder brotherin-law of the accused appellant no.1, Sandhya Mondal, mother of the accused appellant no.1, Ananto Biswas (meso of accused appellant no.1) & Manju Biswas (wife of Ananto Biswas). Charges were read out and explained to the accused appellants and the charge sheeted persons pleaded not guilty and claimed to be tried.;