MOHAN SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 29.9.2007 passed in Sessions Trial No. 33 of 2004 arising out of Sessions Case No. 63 of 2004 by learned Additional Sessions Judge. Durgapur convicting the appellant/accused under Section 498A of Indian Penal Code and sentencing him to suffering for two years and to pay fine of Rs. 1,000 in default to suffer SI for three months more. The appellant accused was further convicted under Section 306 of the IPC and sentenced to suffer RI for five years and to pay a fine of Rs. 2.000 in default to suffer SI for six months more. There was a direction that both the sentences shall run concurrently.

(2.) Factual background in a nutshell is that on 22.1.2000 around 10.30 hrs. Karam Singh, father of victim Manjeet Kaur lodged an FIR with Durgapur police station stating therein that his daughter Manjeet was married to appellant/accused Mohan Singh as per Sikh religious rites and customs on 4.11.1997, In the said marriage gold ornaments worth Rs. 35,000 and other household articles etc. were given to the bride, A sum of Rs.40,000, was kept in fixed deposit in the name of Manjeet. After marriage Mohan and Manjeet lived at Durgapur peacefully for 2/3 months. Thereafter Mohan started torture upon Manjeet both physically and mentally. He pressurised Manjeet to bring a further sum of Rs.40,000 from her father. Physical and mental assault to Manjeet in the form of abusive, insulting and provocative language was continuing. Manjeet gave birth to a male child out of her wedlock. On 8.1.2000 complainant got an information that his daughter had been admitted in D.S.P. hospital, Durgapur with burn injury. She rushed to the hospital and came to know that she had been physically assaulted by her husband. She was pressurised for bringing more money. She, finding no option, set her ablaze and ultimately succumbed to her bum injury at the hospital on 20.1.2000.

(3.) On the basis of that FIR, Durgapur P.S. Case No.22 of 2000 on 22.1.2000 was registered. Charge-sheet was submitted against the accused/appellant Mohan Singh. He faced trial for the offence punishable under Sections 4987V 304B/306 of IPC and was found guilty for the "offence punishable under Section 498A/306, IPC. He was convicted accordingly and sentence was passed against him."