Joymalya Bagchi, J. - (1.) Supernatural forces were blamed for the death of a housewife. However, pre-varicating witnesses resiling from their earlier stance and indifferent investigation sounds the death knell for the prosecution case.
(2.) The prosecution case as alleged against the appellants is to the effect that on 6th September, 2004 at about 6:00 A.M. the victim-housewife, Madhuri Mondal was found dead with her eyes uprooted in the banana garden adjoining the homestead of the appellants. She had been married to Sunil Mondal about two and half years ago and was residing at her matrimonial home at the time of occurrence. Chaitanya Mondal (since deceased) and Kusum Mondal (appellant no.1 herein) were her parents-in-law while Sukumar Mondal and Suklal Mondal @ Pancha (absconding accused) were her brothers-in-law. Beni Madhab Mondal (grandfather of Sunil Mondal) had gifted land which was cultivated by him. Other family members exerted pressure for transfer and joint enjoyment of the land. It is alleged that Madhuri was unwilling to such arrangement. As a result, she was subjected to torture and ill-treatment. Under such circumstances, behind the homestead of the appellants in the early hours of the fateful day her mutilated dead body was recovered in the banana garden. The matter was reported to Sadhin Mondal (PW16), brother of the victim. He along with other family members rushed to the spot and found that the eyes of the victim-housewife had been uprooted. Her ears had been cut and there was a ligature mark round her neck. He heard from local people that the accused persons claimed that the victim-housewife had been killed by a ghost. PW16 suspected the appellants for the murder of his sister and lodged FIR resulting in registration of Jiaganj Police Station Case No. 51 of 2004 dated 6th September, 2004 under Sections 498A/302/201/34 of the Indian Penal Code. In conclusion of investigation, charge-sheet was filed against the appellants. 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, Lalbagh, Murshidabad for trial and disposal. As Suklal Mondal @ Pancha had absconded and Chaitanya Mondal had expired, charges were framed against the appellants under Sections 498A/302/201/34 of the Indian Penal Code. The appellants pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined 21 witnesses and exhibited a number of documents. In conclusion of trial, the trial Judge by the impugned judgment and order dated 17th December/19th December, 2013 passed by the learned Additional Sessions Judge, Lalbagh, Murshidabad in Sessions Trial No. 1 of May, 2009 [Sessions Case No. 45/2008] convicting the appellants for commission of offence punishable under Sections 302/201/34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for life and to pay fine of Rs.10,000/- each for the offence punishable under Sections 302/34 IPC and to suffer rigorous imprisonment for six years and to pay fine of Rs.5,000/- each, in default, to suffer rigorous imprisonment for six months more for the offence punishable under Sections 201/34 IPC; both the sentences to run concurrently. However, by the selfsame judgment, appellants were acquitted of the charges under Section 498A IPC.
(3.) Hence, the present appeal.;