SANKAR ACHARYYA,J. - (1.) The appellant was tried by Additional Sessions Judge, 2nd Court, Suri, Birbhum in Sessions Trial No. 5 of February, 2011 under Sections 302 and 201 of the Indian Penal Code (in short I.P.C.) for the murder and disappearance of evidence of murder of Sadeswari @ Sadheswari Das on 30th October, 2008 at village - Amarpur Hazrapara. He was convicted and sentenced of both the charges under Section 302/201, I.P.C. He was sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.5,000/ - and in default of payment of fine to suffer further rigorous imprisonment for six months for committing the offence under Section 302, I.P.C. He was also sentenced to suffer rigorous imprisonment for seven years and to pay fine of Rs.2000/ - and to default of payment of fine to suffer rigorous imprisonment for two months for committing the offence under Section 201 of the I.P.C. As per the judgment of conviction and sentence (hereinafter called as impugned judgment) both the sentence will run concurrently.
(2.) The case which was tried in the trial Court was initiated at Parui police station (in short P.S.) receiving written information lodged by Jashomati Das (PW 1). First Information Report (in short FIR) was drawn at P.S. starting a case against unknown accused on 30.10.2008 under Sections 302/201, I.P.C. Police investigated the case. During investigation firstly police arrested the appellant's son Prashanta as accused of the crime and on his production in court he remained in judicial custody. Since charge sheet could not be submitted against him by the investigating police officer (in short I.O.) within statutory period he was enlarged on bail. On prayer of I.O. warrant of arrest was issued against the appellant. Subsequently, he surrendered in Court. After remaining in judicial custody for considerable period he was released on bail. Again, he was taken into custody by the trial court finding him guilty of the charges on 21.03.2011 in the impugned judgment. Since that date he is in judicial custody.
(3.) In the written information in Bengali language the PW 1 complained that her daughter Sadheswari Das (Bayen) wife of Late Sukumar Das used to work in the house of the appellant since after death of her husband and the appellant used to come to the residence of Sadheswari. Due to unlawful relation between them unpeaceful situation cropped up in the house of appellant a few days before the date of occurrence. Since then the appellant would not come to the residence of Sadheswari. Since before 10/15 days of the date of occurrence Bhola Thakur (PW 6) of village Paharpur had visiting terms in the residence of Sadheswari. Under such circumstances, in the dawn of 30.10.2008 deadbody of Sadheswari was found floating in a pond named 'Paler Pukur' as she was murdered and her dead body was thrown into the pond.;