Asha Arora, J. - (1.) The present appeal at the instance of the accused/appellant is against the judgement and order of conviction and sentence dated 28th June, 2006 and 29th June, 2006 passed by the learned Additional Sessions Judge, Fast Track Court Bankura in Sessions Trial No. 3 of February 2006 arising out of Sessions Case No. 29 of January 2006 whereby the appellant has been convicted for the offences punishable under section 498A and 302 of the Indian Penal Code (herein after referred to as the IPC) and sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs. 1000/- in default of which to suffer rigorous imprisonment for three months for the offence under section 498A of the IPC and sentenced to suffer imprisonment for life and to pay a fine of Rs. 3000/- in default of which to suffer rigorous imprisonment for six months for the offence punishable under section 302 of the IPC.
(2.) Prosecution case, sans unnecessary details is as follows: On 3rd December 2005 at 13.15 hours the complainant Dukhu Mal of village Kendkunia within Police Station Bankura submitted a written complaint to Sub-Inspector Ramagati Dutta (PW 16) of Bankura Police Station stating that his daughter Khandi Mal alias Sulochana Mal was married to the accused Mahadeb Mal alias Geru about four years ago where after the accused started torturing his wife (complainant's daughter) over his unfulfilled demand for a cycle. On 3rd December 2005 at about 9.00 AM on being informed that the accused had murdered his wife, the complainant rushed to his daughter's matrimonial home and found her lying dead on a cot in the courtyard of the house. The sister of the accused informed the complainant that the deceased was mercilessly assaulted and throttled to death by the accused.
(3.) On the basis of the aforesaid written complaint of Dukhu Mal (PW 1), Bankura P.S Case No. 322 of 2005 dated 03.12.2005 was registered under section 498A/304B/302 of the IPC against the accused/appellant. Investigation into the case culminated in the submission of the charge sheet against the accused/appellant under section 498A/302/304B of the IPC. The case being a sessions triable one was committed to the Court of the Sessions Judge, Bankura wherefrom it was transferred to the Additional Sessions Judge, Fast Track Court, Bankura for trial and disposal. The Trial Court framed the charge against the accused for the offences punishable under section 498A, 302 and alternatively under section 304B of the IPC. The accused pleaded not guilty to the arraignment and claimed to be tried. During trial prosecution examined seventeen witnesses and exhibited several documents. The defence of the accused was complete innocence and outright denial of the prosecution case. After conclusion of trial, the learned Additional Sessions Judge, Fast Track Court, Bankura rendered the aforesaid judgement and order of conviction and sentence for the offences under section 498A and 302 of the IPC against the accused/appellant.;