PRANAB KUMAR CHATTOPADHYAY, J. - (1.) THE appeal filed by Kajal Sarkar against his conviction and death sentence was registered as Criminal Appeal :-1 No. 262 of 2008. The other convicts preferred the appeal being Criminal Appea; No. 263 of 2008. The reference seeking confirmation of sentence of death was registered as Death Reference I of 2008. Both the appeals and the Death Reference arise out of the judgment passed by the learned Additional Sessions Judge, Fast Track Court-111, Krishnanagar, Nadia in Sessions Trial No. 111 (Sep) of 2005 arising out of Sessions Case No. 91(2) of 2005.
(2.) THE prosecution case, in short, is that one Ratan Sarkar lodged a written complaint before the Officer-in-charge, Taherpur R.O.P. on 17th March, 2004 where it was stated that his cousin sister, Gouri Sarkar got married with Kajal Sarkar, son of Dilip Sarkar residing at 'C' Block, Rasta No. 17, P.O. Taherpur under P.S. Ranaghat before one year as per Hindu rites. It was alleged in the said written complaint that just after marriage, husband of said Gouri Sarkar namely, the convict/appeliant, Kajal Sarkar, his brothers namely, Uttam Sarkar, Santosh Sarkar, Balaram Sarkar, Toton Sarkar and their father, Dilip Sarkar and mother, Laxmi Rani Sarkar started inflicting assault and physical torture on Gouri Sarkar. On 17th March, 2004, at about 6 : 00 A.M. informant came to know that his cousin sister, Gouri Sarkar died in her matrimonial home. The informant at once came to the spot and found the dead body in the room of her husband. It was also mentioned in the said written complaint that the informant found injuries on the, body, face and throat of Gouri Sarkar. The said informant believed that the accused persons namely,the convicts/appellants herein murdered Gouri. Initially, the aforesaid written complaint, which was treated as F.I.R., was submitted to the Taherpur R.O.P. and thereafter the said F.I.R. was forwarded to Ranaghat Police Station for starting a case. The Ranaghat P.S. on the basis of the allegations mentioned in the aforesaid F.I.R. registered a case being Ranaghat Police Station Case No. 76/04 dated 17th March, 2004 under Sections 498 A1 302/34 I.P.C. against the convicts/appellants. After completion of the investigation, charge sheet was submitted by the Investigating Officer under Sections 498A/302/34 I.P.C. against all the accused persons i.e. the appellants herein.
(3.) THE learned Chief Judicial Magistrate, Nadia thereafter committed the case to the learned Sessions Judge, Nadia and the learned Sessions Judge, Nadia transferred the case to the Court of the learned Additional Sessions Judge, Fast Track Court-III, Krishnanagar, Nadia for trial and disposal.;