SHIBANI BARMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) BACK DROP Gajen Barman had love affair with Tutul. They both belonged to village Falakata Hospital Para, Police Station Falakata in the district of Jalpaiguri. The parents of Tutul were agreeable to the marriage. Initially, Gajen?s family had objection. Ultimately, the marriage was fixed and held on 16th Shraban, 1393 B.S. Soon after marriage, the in-laws particularly the mother-in-law and brother-in-law (Bhasur) and his wife (Ja) inflicted torture upon Tutul. Tutul was subjected to physical torture. Gajen started living in a separated room in the same house having a separate mess. Despite being separated from the family, the assault continued. Tutul used to report to her parents. The parents informed the neighbours and requested Gajen to take appropriate action.

(2.) EVIDENCE :-

(3.) CONTENTION OF THE PROSECUTION :- Ms. Minoti Gomes, learned counsel appearing for the prosecution placed the judgment of the Court below and contended that the learned Judge considered each and every issue so minutely there was hardly any scope for interference. She adopted the judgement as her submission before the Court of the appeal. To support her contention Ms. Gomes relied on the following decision: - 1986 The Calcutta Criminal Law Reporter (Calcutta) Page-233 (Mrs. D.A. Macgillivary -VS- State)