BIPLAB CHANDA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the Judgment and order of conviction and sentence dated 14.05.1997 passed by the learned Additional Sessions Judge, Jalpaiguri in Sessions Trial No. 47 of 1996 (Sessions Case No. 74 of 1996) thereby convicting the accused appellant under section 302 and 201 of the Indian Penal Code and sentencing him to suffer R.I., for life for the offence under section 302 IPC, and to suffer R.I. for 2 years for offence under section 201 IPC. Both the sentences were directed to run concurrently.

(2.) The prosecution case, in short, is that accused appellant Biplab Chanda married victim Dipali and brought her to his house. This was a love marriage but it was accepted by the other brothers of Biplab Chanda, who were the members of a joint family. The eldest brother of the accused namely Dipak Chanda, who was a school teacher, used to stay at a different place and during Durga puja on the Navami day he came home and learnt that following a quarrel with Biplab, his wife Dipali had left for her father's house. On 13.10.95 victim Dipali again came back to her matrimonial home along with her father Subal Pal. After dinner Biplab and his wife Dipali went to their room, which was situated in the ground floor attached to the kitchen. Dipali's father Subal Pal was accommodated in the room of another brother Aloke Chanda. On 14.10.95 in the early morning at about 5.30 A.M. being attracted by the cry of their mother, the eldest brother Dipak Chanda came to the place and found the deadbody of Biplab's father-in-law Subal Pal lying with bleeding injuries on the ringwell platform in front of Biplab's room. On being asked by Dipak, the accused Biplab confessed that he had committed murder of his father-in-law Subal Pal. On further query as to the where-about of Dipali, accused Biplab further confessed to his elder brother Dipak Chanda that he had also murdered his wife Dipali and threw away her deadbody in the nearby doba. Dipak Chanda then sent his another brother Shulav to inform the police through one Amal Sarkar, who was an advocate and a resident of the same locality, Amal Sarkar along with others thereafter reached the house of the accused and in their presence, Biplab confessed that he had committed dual murder with help of an iron rod (sabal) and threw away the deadbody of Dipali as also the weapon of assault (sabal) in the doba.

(3.) The Inspector In-charge of Kotwali P.S. reached the place of occurrence on receipt of telephonic information from Sri Amal Sarkar, Advocate (P.W.10). The statement of Dipak Chanda (P.W.1) was obtained by the Inspector In-charge of the P.S. and the same was forwarded to the police station and on the basis of such statement. FIR was registered.