JUDGMENT :

JOYMALYA BAGCHI, J.

1. Appeal is directed against judgment and order dated 30.01.2018 and 31.01.2018 passed by the learned Additional Sessions Judge, 5th Court, Paschim Medinipur in Sessions Trial No. 02 (01) of 2015 arising out of Sessions Case No.18 (11) of 2014 convicting the appellant for commission of offence punishable under S.302/201 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs.10,000/-, in default, to suffer simple imprisonment for two years more for the offence punishable under S.302 IPC and to suffer simple imprisonment for three years and to pay a fine of Rs.1,000/-, in default, to suffer simple imprisonment for one year more for the offence punishable under S.201 IPC; both the sentences to run concurrently.

Prosecution case:

2. Prosecution case as alleged against the appellant is as follows: - Eighteen years ago, appellant had married Budhi Murmu. Initially their relationship was good. Thereafter, appellant started inflicting torture upon Budhi. On 13.06.2014, Budhi went missing. On 15.06.2014, body of a lady was seen floating in Talpukur of Gaighata. On the next day i.e. 16.06.2014 Nepal Soren, elder brother of Budhi (PW 1) and other relations identified the body by seeing her wearing apparels and ornaments. Post mortem report revealed Budhi had been murdered by hard blunt trauma associated with strangulation by ligature mark. It was alleged Budhi wanted to convert to Christianity which was opposed by the appellant. This was the motive to commit the crime.

3. On 02.07.2014 Nepal Soren lodged written complaint resulting in registration of Kharagpur Police Station Case No. 376 of 2014 dated 02.07.2014 under S.498A / 302/201/34 of the Indian Penal Code against the appellant and other in - laws. Appellant was arrested on 14.07.2014. On his showing a boulder wrapped with a sky blue coloured shirt was recovered from the pond where Budhi's body was found. Statements of witnesses viz. Charan Murmu (PW 10) and Dipankar Bera (PW 11) were recorded before Magistrate who disclosed appellant was last seen going from the house with Budhi; and thereafter he had returned alone. One Dipankar Bera (PW 11) and Ranjan Dolai (PW 12) claimed to be eyewitnesses and their statements were also recorded before Magistrate.

4. In conclusion of investigation, charge sheet was filed against the appellant. Charge was framed under S.498A / 302/201 IPC. Appellant pleaded not guilty and claimed to be tried. In course of trial, prosecution examined 24 witnesses and exhibited a number of documents.

5. In conclusion of trial, the trial Judge by the impugned judgment and order dated 30.01.2018 and 31.01.2018 convicted and sentenced the appellant, as aforesaid.

6. Heard Mr. Kallol Mondal, learned senior Advocate for the appellant as well as Ms. Zareen N. Khan for the State.

Evidence on record:

7. PW 1 (Nepal Soren) is the elder brother of Budhi and de - facto complainant. He stated appellant used to torture Budhi. She informed about the torture to him. They intervened and the matter was settled. 1 1/2 years ago Budhi went missing. They went to the police station and identified the dead body from her wearing apparels. He lodged written complaint which was scribed by PW 15. Budhi's body had been recovered from Talpukur tank which is 1 1/2 km away from the house of the appellant. During cross - examination he admitted they had cremated the body but no sradh ceremony had been held.

8. PW 2 (Purnima Soren) and PW 5 (Gora Soren) are the parents of Budhi. They deposed Budhi was subjected to torture by the appellant. She had gone missing. Her body was recovered from Talpukur tank. They identified her wearing apparels at the police station. After seeing the wearing apparels they identified the dead body as their daughter.

9. PW 14 (Raghu Soren) is the brother of Budhi. He stated appellant misbehaved with Budhi as she wanted to convert to Christianity. They intervened and the matter was settled. His n