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IN THE HIGH COURT OF CALCUTTA
Joymalya Bagchi, Suvra Ghosh, JJ.
Tapas Das - Appellant
Versus
State Of West Bengal - Respondent
Criminal Appeal No. 738 of 2015
Decided On : 13-02-2020
JUDGMENT - Murder - Indian Penal Code, Sections 302, 201 - The judgment discusses the circumstances of the case, including the brutal murder of the deceased, the recovery of her body from a well, and the contradictory evidence regarding the appellant's involvement in the crime.
Fact of the Case:
The appellant was convicted for the murder of his wife, who was tortured over dowry demands and later found dead in a well at their matrimonial home. The appellant denied his presence at the time of the murder and blamed his mother for the crime.
Finding of the Court:
The court found that the evidence, including the strained relationship over dowry, the false explanation given by the appellant, and the recovery of the body, pointed to the appellant's guilt. The court rejected the appellant's defense and upheld his conviction and sentence.
Issues: The main issue was to determine the culpability for the murder of the appellant's wife, considering the conflicting evidence and the appellant's denial of involvement.
Ratio Decidendi: The court relied on the circumstantial evidence, including the strained relationship over dowry, the false explanation given by the appellant, and the recovery of the body, to establish the appellant's guilt beyond reasonable doubt.
Final Decision: The court upheld the appellant's conviction and sentence for the murder of his wife, and dismissed the appeal.
JUDGMENT
Joymalya Bagchi, J. - As the appellant has appointed a lawyer of his own choice, Mr. Sandipan Ganguly, learned Senior Counsel and Ms. Sreyashree Biswas, learned Advocate appointed on behalf the State Legal Services Authority are discharged from the case.
2. The appeal is directed against the judgment and order dated 7th October, 2015 and 8th October, 2015 passed by the Additional Sessions Judge, 17th Court, Alipore, South 24 Parganas in Sessions Trial No.07(07) 2009 arising out of Sessions Case No.23(05)2009 convicting the appellant for commission of offence under Sections 302 and 201 of the Indian Penal Code sentencing the appellant to suffer rigorous imprisonment for life and to pay fine of Rs.10,000/- (Ten thousand) in default further rigorous imprisonment for six months for offence punishable under Section 302 of I.P.C. and to suffer rigorous imprisonment for four years and to pay fine of Rs.5,000/- in default further rigorous imprisonment for six months for offence punishable under Section 201 of I.P.C. Both the sentences to run concurrently.
3. The deceased Mamoni was married with the appellant on 26.04.2004. At the time of marriage Rs.40,000/- cash, gold ornaments and other articles were given as dowry. Mamoni started residing with her husband and parents-in-law Gour and Sandhya at the matrimonial home. Her Sister in-law and her husband, namely, Monika and Jagannath resided in a house near her matrimonial home. From the wedlock a girl child was born to the couple. Matrimonial life of Mamoni was fraught with agony. She was tortured by her husband and in laws over further demands of dowry.
4. On 15th of January, 2009 Jagannath informed the relations of Mamoni that she was missing from her matrimonial home. Hearing this P.W.1, her brother, Haradhan Ghosh, and others started searching for her, but to no avail.
5. On the next day, they went to the matrimonial home of Mamoni when Sandhya, her mother-in-law informed them there was a quarrel between Mamoni and the appellant. Thereafter she had gone missing. On the other hand, fatherin-law of Mamoni told them the appellant had assaulted her with a wooden stick. P.W.1 lodged missing diary at the police station (Exbt.13). Around 3 p.m. the appellant returned home in a bi-cycle. He confessed his guilt to the local people.
6. Witnesses noticed a bed sheet floating inside the well situated with the courtyard of the appellant. They suspected foul play and informed the police. Police came to the spot. With the assistance of divers, decomposed body of the deceased was recovered. Her body was covered with cement slabs.
7. On the leading statement of the appellant, his bloodstained wearing apparel and katari (weapon of offence) was recovered.
8. Post mortem of the deceased revealed she had suffered number of incised injuries resulting in homicidal death.
9. First information report was lodged by P.W. 1, brother of the deceased, resulting in registration of Rabindranagar P.S. Case No. 08 of 2009 dated 17.01.2019 against the appellant, mother-in-law, Sandhya Das, sister-in-law, Manika Naskar and her husband Jagannath Naskar.
10. In conclusion of investigation, charge-sheet was filed against the appellant and other accused persons.
11. The case was committed to the Court of Sessions and transferred to the Court of Additional Sessions Judge, 17th Court, Alipore, South 24-Parganas for trial and disposal.
12. Charges were framed under sections 498A, 304B read with section 120B IPC, section 201 read with section 120B IPC and section 302 read with section 120B IPC against the appellant and other accused persons, namely, Sandhya Das, Jagannath Naskar and Manika Naskar.
13. In course of trial, prosecution examined 27 witnesses and exhibited a number of documents.
14. Appellant resorted to a cut-throat defence. In course of his examination under section 313 Cr.P.C, he put the blame on his mother, Sandhya Das. On an analysis of the evidence on record trial Judge did not believe the outlandish
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