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2018 Supreme(Cal) 900

JOYMALYA BAGCHI, RAVI KRISHAN KAPUR
Jagadish Chowdhury – Appellant
Versus
State Of West Bengal – Respondent


Advocates Appeared:
Siladitya Sanyal, Adv., Susmita Saha Dutta, Adv., Subhrojyoti De, Adv., Saibal Bapuli, Adv., B. Bhattacharya, Adv.

JUDGMENT :

Joymalya Bagchi, J.

Appeal is directed against the judgment and order dated 9th July, 2015 passed by the learned Additional Sessions Judge, First Court, Raiganj, Uttar Dinajpur in Sessions Case No.69 of 1999 in Sessions Trial No.41 of 2000 convicting the appellant for commission of offence punishable under sections 302/201 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 5,000/-, in default, to suffer simple imprisonment for six months more.

2. The prosecution case, as alleged against the appellant, is to the effect that he was married to the victim Fulbanti seven years ago. When Fulbanti was pregnant, the appellant had left her at the parental home. Two-three months later, a female child was born. The appellant did not take back his wife and daughter. Motilal Chowdhury (P.W.2), brother of Fulbanti came to know that the appellant and his family members were planning to give the appellant in marriage for the second time. He along with village people went to the house of the appellant on 12.06.1993. Initially the appellant declined to take his sister back. A salish in presence of local people was held. According to the desig

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