JYOTSNA MAL Vs. STATE OF WEST BENGAL
LAWS(CAL)-1996-12-13
HIGH COURT OF CALCUTTA
Decided on December 16,1996

JYOTSNA MAL Appellant
VERSUS
STATE OF WEST BENGAL Respondents


Referred Judgements :-

NIKUNJA ROY V. THE STATE [REFERRED TO]
MANEKA GANDHI VS. UNION OF INDIA [REFERRED TO]
NANDINISATPATHY VS. P L DANI [REFERRED TO]
HERAMBA BRAHMA VS. STATE OF ASSAM [REFERRED TO]
STATE OF UTTAR PRADESH VS. M K ANTHONY [REFERRED TO]
ABED ALI JAMADAR VS. STATE [REFERRED TO]


JUDGEMENT

- (1.)This appeal is directed against the Judgment and Order dated 27-1-94 passed by the ld Addl. Sessions Judge, Tamluk, Dist. Midnapur convicting the appellant for an offence under Ss. 302/201 of the I.P.C. and sentencing her to suffer imprisonment for life in Sessions Trial No. 1(1)/93; arising out of G. R. Case No 492 of 1985. The prosecution case, briefly stated, is that Smt. Jyotsna Mal worked in the house of one Sachin Mondal as a maid-servant. Soon after her arrival in the house, troubles started between Gita Rani, deceased-wife of Sachin Mondal and Smt. Jyotsna Mal, who is the appellant here. On 31st May, 1985, at night, Gita Rani was murdered and her dead-body was thrown into the river Keleghai flowing by the side of Sachin's house. On the following day, the dead-body of Gita Rani Mondal was found floating near the sluice Gate of a canal connected with the river. The further prosecution case is that the appellant made an extra-judicial confession in presence of a large number of persons assembled at the house of Sachin stating that on the night of occurrence, she had killed Gita Rani with a Katari when Gita Rani was sleeping just outside her bed-room and threw her dead body in a gunny bag into the river, Keleghai flowing by the side of the house. She also made a judicial confession to the same effect later on.
(2.)Charge under Ss. 302/201, I.P.C. was framed against the appellant. The appellant pleaded not guilty to the charge.
(3.)The learned Trial Judge has found the appellant guilty of committing the offence under Ss. 302/201 of I.P.C. and has convicted and sentenced her to suffer imprisonment for life for commission of an offence under S. 302 of I.P.C. and to undergo rigorous imprisonment for seven years for the commission of an offence under S. 201, I.P.C. subject to the provisions of S. 428. Cr.P.C. Both the sentences are to run concurrently.
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