Malay Marut Banerjee, J. - (1.) The appellants herein were tried for charges under Sec. 498A/34; 120B I.P.C. and under Sec. 302/34 I.P.C. in Sessions Trial No. 3(7)/06 in the Court of the Ld. Additional District & Sessions Judge, Fast Track Court, Bishnupur, Bankura.
(2.) The case against the appellants as appearing from the F.I.R. and unfolded by the witnesses examined on behalf of the prosecution, in brief, is that Saraswati Ghosh, daughter of the de facto complainant Dhrubalochan Ghosh (P.W. 1), was married to convict/appellant Hiru Ghosh on 29th Baisakh, 1405 B.S., and she gave birth to a daughter. Appellant Hiru Ghosh had illicit relation with appellant/convict Jamuna Ghosh. Convict/appellant Maya Ghosh is the mother of appellant Hiru Ghosh. The allegation is that P.W. 1 not being able to pay money as demanded by the accused persons, they drove Saraswati out of her matrimonial home but P.W. 1 used to take her again at her in -laws place. The daughter of P.W. 1 when was carrying for the second time her husband took her to the house of P.W. 1. Saraswati Ghosh filed a case for maintenance and it was allowed but her husband paid such maintenance for once only. P.W. 1 again sent her daughter to her husband's house on 10th Aswin, 1412 B.S. but on 17th Aswin i.e., just after five days she was murdered by the accused persons. It is alleged that they had killed her daughter by strangulation with the help of a 'Gamchha' (bathing towel).
(3.) It is found that the Ld. Trial Judge was pleased to find appellants Hiru Ghosh and Maya Ghosh guilty for the charge under Sec. 498A I.P.C. and found accused Hiru Ghosh guilty for the charge under Sec. 302 I.P.C. and found accused Maya Ghosh and Jamuna Ghosh were guilty for the charge under Sec. 302/120B I.P.C. It may be mentioned that one Chhaya Ghosh who was also tried along with the appellants was found not guilty of the charges framed against her and was acquitted. Appellant Hiru Ghosh on his conviction under Sec. 302 I.P.C. was sentenced to suffer imprisonment for life and to pay a fine of Rs. 5000/ - i.d. for further imprisonment for 2 years; appellants Maya Ghosh and Jamuna Ghosh on their conviction under Sec. 302/120B I.P.C. were sentenced to suffer imprisonment for life and to pay a fine of Rs. 5000/ - i.d. to suffer further imprisonment for 2 years and appellant Hiru Ghosh and Maya Ghosh on their conviction under Sec. 498A I.P.C. were sentenced to suffer imprisonment for 3 years and to pay a fine of Rs. 2000/ - each i.d. to suffer further imprisonment for 6 months.;