BHOLA MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 10.7.2006 and 12.7.2006 passed in Sessions Trial No. 48 of May, 2005 corresponding to Sessions Case No. 157 of September, 2004 by learned Additional Sessions Judge, Fast Track Court-II, Ranaghat under section 498A/306 of the Indian Penal Code. Factual matrix is that de facto complainant Monoranjan Biswas submitted a written complaint at the concerned police station alleging that his cousin sister Anima Biswas got married to accused/appellant Bhola Mondal on 13th day of Baisakh, 1410 B.S. according to Hindu rites and customs. At the time of marriage gold ornaments, other articles and a cash of Rs. 8,000/- were given as dowry. Anima resided with her husband Bhola in her matrimonial home. After some days of their marriage Bhola and his mother Tepi @ Nomita Mondal, another appellant started mental and physical torture upon Anima. They demanded a further amount which was reported by Anima to the de facto complainant and others time to time when she visited her father's place. As per demand of accused persons/appellants an amount of Rs. 5,000/- was withdrawn from the Savings Bank Account of Anima which was deposited before her marriage and paid to her husband Bhola so that Anima may get rid of the torture inflicted on her at her husband's place. There was no change in the matter, physical and mental torture upon Anima was continuing. On 21.7.2004 around 10 a.m. appellants Bhola and his mother picked up quarrel with Anima for slicing of fish. They dragged Anima into the room from the courtyard by catching hold the tuft of her hair which was seen by the adjacent neighbour and elder sister of Anima viz. Nilima Sarkar wife of Arun Sarkar of the same village i.e. Natungram, Mathpara. They called their neighbors in order to save Anima from torture at the hands of accused persons/appellants. They arrived at the house of the appellant and found the deadbody of Anima was lying in the room. They noticed ligature mark around the neck of Anima and also found one cloth of appellant/accused Tepi @ Namita which was hanging from the 'beam' of the said room. It has been alleged further that Gitarani Samajdar, aunt of accused/appellant Bhola instigated accused/appellant Tepi @ Namita to kill Anima by setting her on fire.

(2.) On the basis of the said written complaint Dhantala P.S. Case No. 120 of 2004 dated 21.7.2004 under section 498A/306 of IPC was started. On completion of the investigation of the said case chargesheet under section 498A/306 of IPC was submitted against accused persons, namely, Bhola Mondal, Tepi @ Namita Mondal and Gitarani Samajdar.

(3.) The case was committed to the learned Court of Sessions, Nadia wherefrom it was transferred to the Court of learned Additional District and Sessions Judge, Fast Track Court-II, Ranaghat for disposal. Charge against the accused persons under sections 498A/306 of IPC was framed. On conclusion of the trial accused Gitarani Samajdar was found not guilty and accordingly she was acquitted from the charge levelled against her. But other two accused persons i.e. husband Bhola Mondal and his mother Namita Mondal @ Tepi were found guilty to the offence punishable under section 498A/306 of IPC and accordingly they were sentenced to suffer rigorous imprisonment for three years each and to pay a fine of Rs. 3,000 each in default to suffer rigorous imprisonment for six months each for the offence punishable under section 498A of IPC. They were also sentenced to suffer rigorous imprisonment for seven years each and to pay a fine of Rs. 3,000/-each in default to suffer R.I. for six months each for the offence punishable under section 306 if IPC. In that backdrop, this appeal has been preferred.