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2011 Supreme(Cal) 50

ASHIM KUMAR BANERJEE, RAGHUNATH RAY
Jagat Taran Chakraborty – Appellant
Versus
State – Respondent


Advocates appeared:
S.K. Basu, Devipriya Mitra, Prabir Banerji, Antarikhya Basu, S.K. Mahato, Minati Gomes

JUDGMENT

RAY, J.

1. THE appellant herein Jagat Taran Chakraborty, husband of the deceased of 92, Tollyguange Road, Kolkata - 33 was tried by the learned Additional Sessions Judge, 4th Court, Alipore, 24 Parganas (south) in Sessions Trial No. 2 (11) of 2000 for the offence punishable under Section 302, IPC. Vide Convicted for the said offence. He was sentenced to suffer Rigorous Imprisonment for life and to pay a fine of Rs. 10,000/- (Rupees Ten thousands only) in default to suffer further R.I. for six months as per order dated 23.04.02. Being aggrieved by the said judgment and order of conviction, the appellant preferred the present appeal. Facts

2. RINA Chakraborty, an educated young house wife, aged 25 years succumbed to her burn injuries at M.R. Bangur Hospital at 11 PM on 31.12.99 leaving behind her daughter Romita @ Mumpi, aged about 21/2 years. She was married to the appellant on 21.04.95. It was a love marriage. In November 1998 a maintenance case under Section 125, Cr. P.C. was filed against her husband. She had to leave her matrimonial home and to reside at her parental home at 86B, Tollyguange, Kolkata-33 on and from 12.01.97. The appellant husband began to pay visit there



























































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