SAMIR KR GHOSAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is at the instance of an accused and is directed against judgment and order of conviction passed by Sri K.C. Roy., Addl. Sessions Judge, Purulia in Sessions Trial of 3 of 96.

(2.) It is an unfortunate tale of the death of a housewife. On 24.7.1992 one Ramkrishna Chatterjee, claiming himself to be the brother of the victim housewife, lodged an F.I.R. with Jhalda Police Station alleging that his sister Sikha alias Mandira was given marriage with Sri Samir Ghosal two years four months ago. After marriage, said Mandira was subjected to torture both mentally and physically, committed by her husband i.e., accused Samir and mother-in-law that is Sushila Ghosal. Mandira used to come to the house of informant Ramkrishna Chaterjee and she used to narrate the incident of such ill-treatment and assault which was done by the husband and mother-in-law. But, in spite of such harassment and ill-treatment, the informant and other inmates of his house consoled her and set her back to the house of the accused persons in the hope of future reconciliation. The accused No. 1 is a Government Servant and so the informant was under the impression that the accused No. 1 that is the husband would amend his conduct in future. But the torture and assault went unabated and the victim finding no other alternative was compelled to take the last step. On 24.7.1992, in the morning at about 8 a.m. one Sukdeb Chatterjee, who happens to be the maternal uncle of accused Samir, came to the informant, Ramkrishna Chatterjee and reported that Sikha sustained burnt injuries as the stove in which she was cooking suddenly exploded. Sikha alias Mandira was taken to Purulia Sadar Hospital, but she died. There was an inquest and a U.D. Case No. 75/92 was started. The dead body was sent for post-mortem and the doctor held post-mortem examination. P.W. lodged F.I.R. that Mandira committed suicide. Upon the said information in the Jhalda P.S. Case No. 65/92 under Sections 498- A/306, I.P.C. was started and after completion of investigation, Chargesheet under the said sections were submitted before the S.D.J.M., Purulia. As the case was triable by the Court of Sessions, Ld. Magistrate conducted the case in the Court of Sessions on 28.6.1994. Thereafter, the case came up for trial before the Addl. Sessions Judge, Purulia charged under sections 498A/306, IPC was framed against both the accused persons and they pleaded not guilty to the charge.

(3.) The prosecution examined 10 witnesses in all, besides they produced some documents, the defence also examined some witnesses and produced a series of letters said to have been written by the victim housewife to the husband. After completion, of trial, the Ld. Addl. Sessions Judge found the mother-in- law not guilty while convicted and sentenced to the husband to rigorous imprisonment for 3 years and a fine of Rs. 1000/- in default to suffer rigorous imprisonment for one year, more under Sections 498-A/306, I.P.C.