JOYMALYA BAGCHI,J. - (1.) The appeal is directed against the judgment and order dated 1st July and 4th July, 2011 passed by the learned Additional Sessions Judge, 2nd Court, Suri, Birbhum in Sessions Case No. 169 of 2010 convicting the appellant for commission of offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay fine of Rs.5,000/, in default, to suffer rigorous imprisonment for six months more.
(2.) The prosecution case as alleged against the appellant is to the effect that the appellant was married to Laxmi Murmu (since deceased) six months prior to the incident. After marriage, Laxmi started residing at her father-in-law's house at Majhipara, Gopalnagar. Appellant used to work as a night guard in a farm of Surajit Sarkar (PW7) of Bolpur near the Gopalnagar bus stand. At night Laxmi used to stay in the quarter provided to the appellant inside the farm. During her short matrimonial life, Laxmi was subjected to physical and mental torture by the appellant over trifling family issues. On the fateful night between 8th and 9th June, 2010 Laxmi had gone to the room of the appellant in the farm. Next morning villagers from the matrimonial home of Laxmi informed her father namely, Raja Hembram (PW1) that her daughter was seriously ill. They rushed to the farm house and found Laxmi lying dead in the caretaker's room. The appellant had ran away. PW1 lodged written complaint at the police station resulting in registration of Illambazar Police Station Case No.81 of 2010 dated 9th June, 2010 under Sections 498A / 302 IPC. Police came to the place of occurrence and seized the wearing apparels of Laxmi as well as a skipping rope from the place of occurrence. In conclusion of investigation, charge-sheet was filed against the appellant. The case being a sessions triable one was committed to the Court of Sessions and transferred to the court of the learned Additional Sessions Judge, 2nd Court, Suri, Birbhum for trial and disposal. Charges were framed against the appellant under Sections 498A / 302 of the Indian Penal Code. The appellant pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined 12 witnesses and exhibited a number of documents. The defence of the appellant was one of innocence and false implication. In conclusion of trial, the trial Judge by the impugned judgement and order dated 1st July, 2011 and 4th July, 2011 convicted and sentenced the appellant, as aforesaid. The appellant however, was acquitted of the charge under Section 498A of the Indian Penal Code.
(3.) Mr. Partha Sarathi Bhattacharyya, learned advocate appearing for the appellant argued that no evidence of torture of the victim by the appellant was lead on behalf of the prosecution. Accordingly, the appellant was acquitted of the charge under Section 498A IPC. Hence, motive to commit the crime has not been established. No one saw the victim go to the room of the appellant in the farm house on the fateful night. Presence of the appellant at the place of occurrence has also not been proved. Relation witnesses deposed with regard to the incident for the first time in court. Post mortem doctor had withheld final opinion with regard to the cause of death till receipt of viscera report. Hence, the prosecution case suffers from various infirmities and ought to be disbelieved.;