PATHERYA J. - (1.) This death reference is directed against the order of conviction and sentence dated 19th February, 2016 and 20th February, 2016 passed by the Additional Sessions Judge, 2nd Court, Arambagh, Hooghly in Sessions Trial No.7(1)/13 arising out of Sessions Case No.106/12 whereby and whereunder the Trial Court convicted the accused appellant for the offence under Section 302 I.P.C and sentenced him to death. 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 273 of 2016. Both the death reference being Death Reference No.4 of 2016 and Criminal Appeal No.273 of 2016 arise from the common order of conviction and is being disposed of by a common judgment.
(3.) The case of the prosecution is that one Lakhikanta Adhikary was married to Sulekha Adhikary nine years ago. Although there was a demand, the victim lady was subjected to both physical and mental torture, so also beatings in her matrimonial home by husband and his family members soon after the marriage. A few days before the date of incident the accused appellant and his family members threatened to cut the victim lady with chopper.;