Joymalya Bagchi, J. - (1.) The appeal is directed against the judgement and order dated 05.08.2005 passed by the learned Additional Sessions Judge, 3rd Fast Track Court, Malda, in Sessions Case No. 3 of 2001 (Sessions Trial No. 6(12) of 2003) convicting the appellant for commission of offence punishable under Sections 498A and 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for three years and to pay a fine of Rs.200/-, in default, to suffer simple imprisonment for three months more for the offence punishable under Section 498A and to suffer rigorous imprisonment for life and to pay a fine of Rs.2,000/, in default, to suffer simple imprisonment for one year more for the offence punishable under Section 302 of the Indian Penal Code, both the sentences to run concurrently.
(2.) The prosecution case, as alleged, against the appellant is to the effect that appellant was married to one Ranjana Basak (P.W. 6) on 29th November, 1990 according to Hindu rites and customs. The appellant subjected her to physical and mental torture. On 6th December, 1991 she gave birth to a female child. The appellant tried to kill the child by mixing petrol in her milk. But noticing the smell of petrol, Ranjana Basak did not feed her child with such milk. On 16.08.1992 in the morning around 6 a.m. Ranjana had gone to the bathroom and when she came out she found a small bottle lying by the side of her daughter and her daughter was turning blue. The appellant was present in the room. She raised hue and cry whereupon the appellant took away the bottle and left the place. Neighbours arrived at the spot and with the help of neighbours she admitted her child to the hospital. Soon after admission her child expired. Her brothers came to the spot and she narrated the incident to the neighbours and her brothers. She lodged first information report being EBPS Case No. 278/92 dated 16.08.1992 under Sections 498A and 302 of the Indian Penal Code against the appellant. The postmortem report of the victim confirmed that the child had died due to endo sulphan poisoning. Charge sheet was filed against the appellant under Sections 498A/302 IPC.
(3.) The case being a sessions triable one was committed to the Court of Sessions and transferred to the Court of the Additional Sessions Judge, 3rd Fast Track Court, Malda for trial and disposal. Charges were framed under Sections 498A and 302 of the Indian Penal Code against the appellant.;