JUDGMENT :

Joymalya Bagchi, J.

1. Appeal is directed against the judgment and order dated 26.07.2016, 27.07.2016 and 28.07.2016 passed by learned Additional Sessions Judge, 7th Court, Barasat, North 24-Parganas in Sessions Trial No. 01(02)2013 arising out of Sessions Case No. 01(01)2013 convicting the appellant under sections 302/201/379/411 I.P.C. and sentenced her to suffer rigorous imprisonment for life and to pay a fine of Rs. 10,000/-, in default, to suffer rigorous imprisonment for ten months for the offence punishable under section 302 I.P.C., to suffer rigorous imprisonment for two years and to pay a fine of Rs. 5,000/-, in default, to suffer rigorous imprisonment for five months for the offence punishable under section 201 I.P.C., to suffer rigorous imprisonment for one year and to pay a fine of Rs. 2,000/-, in default, to suffer rigorous imprisonment for two months for the offence punishable under section 379 I.P.C. and to suffer rigorous imprisonment for one year and to pay a fine of Rs. 2,000/-, in default, to suffer rigorous imprisonment for two months more for the offence punishable under section 411 I.P.C. All the sentences to run concurrently.

Prosecution case:-

2. Prosecution case involves the murder of a ten-year old girl Ajmira Khatun. On 29.08.2012 at 3:30 p.m. she left her residence to take private tuition from Sabina Yasmin (P.W. 11). She did not return till 5:30 p.m. Inspite of search she could not be traced. Around 11:00 p.m. her body was found floating on a nearby pond of Mohat Ali Mondal. Her lower apparels and inner garments were found missing. A pair of ear rings was also missing. Ayeb Nabi (P.W. 2) after recovery of the child lodged written complaint being Ashokenagar Police Station Case No. 453/12 dated 30.08.2012 under sections 302/201 I.P.C. In the course of investigation on 11.09.2012 appellant was arrested. On her leading statement, a pair of ear rings was recovered. Subsequently, a school bag, books, slippers and trousers of the victim were recovered on the showing of the appellant from a doba near the house of her father-in-law, Mosaraf Mondal.

3. Charge-sheet was filed and charges were framed under sections 302/201/379/411 I.P.C. Appellant pleaded not guilty and claimed to be tried.

4. During trial, prosecution examined 27 witnesses and exhibited a number of documents.

5. In conclusion of trial, the trial Judge by the impugned judgment and order convicted and sentenced the appellant, as aforesaid.

Evidence on record:-

6. P.W. 1, Md. Rahamatullah is the scribe of the F.I.R.

7. P.W. 2, Ayeb Nabi is the father and de-facto complainant. He deposed on 29.08.2012his daughter had gone to take private tuition from one Sabina Yasmin. She did not return till 5:30 p.m. He heard from his sister-in-law, Rahima Mondal (P.W. 23) that she had seen the appellant take her daughter to her house. He went to the house of the appellant but could not find his daughter. Thereafter, appellant told them to search by the side of the pond of Mohat Ali Mondal. They went there and found the dead body of her daughter floating on the pond. Her hands were tied with a rope from behind. Her trousers were absent. Slippers and ear rings were missing. Police took away the body from the pond. He lodged written complaint at Ashokenagar Police Station. Two or three days later, police took appellant and came to the spot. Exercise books, ear rings, school bag, slippers were recovered from a doba in front of the house of Mosaraf Mondal. He put LTI on the seizure list.

8. P.W. 3, Akher Ali is the brother of the deceased. He corroborated P.W. 2 that on the fateful day his sister had gone to take private tuition from Sabina Yasmin. She did not return and they started searching for her. Her mother went to the house of Sabina but was told that her daughter had left from the tuition class. He also joined to search for his sister. Dead body of his sister were found floating on the pond of Mohat Ali Mondal. Her hands were tied from behind with a rope.