SAMSUDDIN MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction and sentence dated 31.05.94 passed by the learned Assistant Sessions Judge, Katwa, Burdwan in sessions trial no. 21/88 (sessions case no. 238/88) thereby convicting the appellants Samsuddin Mondal and Jaheda Bibi under section 306/498A of the IPC and sentencing the accused Samsuddin to suffer rigorous imprisonment for ten years and to pay a fine of Rs. 2000/-, in default, to suffer further rigorous imprisonment for one year and also sentencing Jaheda Bibi to suffer rigorous imprisonment for three years.

(2.) The prosecution case in brief is that : On 7th Baisakh 1391 BS Farida Bibi was given in marriage with appellant no. 1 Samsuddin Mondal. After marriage she went to her matrimonial house at Gourdanga and lived there for three days and thereafter she along with her husband came to her paternal house at Singhi and lived there for 15-16 days. The accusedappellant no. 1 left her at Singhi. In the month of Agrahayan on the occasion of Navanna, the accused appellant no. 2 came and took the said Farida to their house at Gourdanga. At that time Farida was pregnant. Both the accused appellants used to torture upon her in different ways demanding a bicycle and land of her father. The mother of Farida agreed to give a bicycle at the time of marriage but she was unable to meet such demand due to her poverty. The mother of Farida took her to their house and she was treated at Katwa hospital where she gave birth to a female child. But neither accused appellant no. 1 nor accused appellant no. 2 took any information about the newborn baby and also about Farida. Thereafter in the month of Aswin in the same year accused appellant no. 1 along with his friends came to the house of the mother of Farida and they gave assurance to the mother of Farida that she would not be tortured in future and then on such assurance her mother allowed her to go to the house of the accused. After some days the accused persons again started inflicting torture upon Farida for land and bicycle and said that if she failed to bring the bicycle and land then she would be tortured more. Thereafter mother of Farida went to the house of the accused where she expressed that she was unable to meet their demand. On hearing this, both the accused persons told that more torture would be inflicted upon Farida. Ultimately Farida committed suicide by hanging herself in her matrimonial house having failed to bear torture.

(3.) In order to prove the case, the prosecution examined as many as 13 witnesses including medical officer and the investigating officer and none was examined on behalf of the defence. Defence of the accused was a plea of innocence and false implication.