- (1.) This death reference is directed against the order of conviction and sentence dated 8th September, 2015 and 9th September, 2015 passed by the Additional Sessions Judge, 3rd Fast Track Court, Berhampore in Sessions Trial No.12(12)08 and 02(01)12 arising out of Sessions Serial No.956 of 2008 whereby and whereunder the Trial Court sentenced the accused appellant to death for the offence under Section 302 I.P.C and for the offence under Section 304B I.P.C. to suffer R.I. for life and pay fine of Rs.10,000/- in default R.I. for two years and to pay fine of Rs.2000/- for the offence under Section 498A I.P.C. in default R.I. for four months. The sentences were to run concurrently. While passing of the said order a reference was made by the Trial Court under Section 366 Cr.P.C. and it is only pursuant thereto that the reference has been placed before us for confirmation of the death reference.
(2.) The accused appellant has also filed an appeal against the order of conviction and sentence which has been registered as CRA 773 of 2015. Both the death reference being Death Reference No.7 of 2015 and Criminal Appeal No.773 of 2015 arise from the common order of conviction and is being disposed of by a common judgment. The case of the prosecution is that one Bhabani Mondal was married to Tapas Mondal in the month of Magh 1412 B.S. according to Hindu rites and ceremonies. Although a demand was made for payment of Rs.80,000/- at the time of marriage a sum of Rs.50,000/- in cash was paid along with gold ornaments and other articles. Thereafter, the victim girl resided in her matrimonial home with the accused appellant. Out of the wedlock a male child Bikram was born.
(3.) The victim girl was subjected to both physical and mental torture for non-payment of balance Rs.30,000/-. Despite such torture she continued to stay there and on 8th February, 2008 she came to her parental home with her baby and informed her parents that unless a sum of Rs.30,000/- was paid she would not be allowed to live and would be killed by the accused. The defacto complainant took the victim girl in the evening of the same day and assured the accused appellant that six months time be given for payment of Rs.30,000/-. Thereafter, he returned to his home and in the night of 9th February, 2008 the defacto complainant was informed that his daughter and his grandson have been murdered in the house of the accused appellant. He along with others reached the house of the accused appellant and found both the victim girl and her child lying on the floor with cut injury on the throat. An F.I.R. was filed on 10th February, 2008 and Berhampore P.S. Case No.16 of 2008 dated 10th February, 2008 under Section 498A/304B/302/34 I.P.C. was registered, and investigation initiated. Inquest both under Sections 176 and 174 Cr.P.C. was conducted and body sent for postmortem. The accused appellant was arrested at 13:05 hours on 10th February, 2008 and based on his statement recorded (Exhibit-19) the offending weapon was recovered at 15:05 hours and seizure list (Exhibit-16) was prepared. After inquest the said dead body was sent by challan through the constable/homeguard for the purpose of postmortem. Postmortem Report was collected by the I.O. On completion of investigation a charge-sheet was submitted against the appellant, his mother, father and brother under Sections 498A/304B/302/34 I.P.C.;