KALIPADA BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence passed by learned Additional Sessions Judge, 2nd Court, Krishnanagar, Nadia sentencing each of the appellants to suffer rigorous imprisonment for life and to pay a fine of Rs. 1,000/- in default to suffer rigorous imprisonment for six months under section 302/34 of the Indian Penal Code. The learned Trial Judge did not pass any separate sentence for the commission of the offence under section 498A of the Indian Penal Code.

(2.) The prosecution case, in short, is that one Ananda Sarkar lodged complaint with O. C. Haringhata P. S. alleging that his elder sister Rajeswari Sarkar (Biswas) was married with Bhola Nath Biswas on 5th Falgun, 1397 B. S. One year after marriage her husband and the inmates of his family started committing mental and physical torture upon her. On different occasions due to the intervention of the villagers, his elder sister could manage to live in her matrimonial home for some length of time. But, for the last six months, his elder sister lived in his house. Being unable to meet the expenses of the elder sister and her daughter, the informant sought for the settlement through the intervention of the villagers and as per terms of settlement held on 09.11.1994 it was settled that Rajeswari would to go to her matrimonial home. But, in order to take the household articles she came to the house of the informant and thereafter on 21.11.1994 the informant with his elder sister took the articles and went to the matrimonial home of Rajeswari by a rickshaw. They reached the house of Bholanath, the husband of Rajeswari, between 2.30 p. m. and 3.00 p. m. The accused persons told them not to enter their house. Rajeswari, the elder sister of the informant, sat on the varandah of her husband's house with her daughter Swapna Biswas in her lap. At that time all the accused persons came to assault Rajeswari. Accused Sambhu Biswas with the help of a spade assaulted Swapna Biswas on the head and thereafter assaulted Rajeswari on the head, neck and back. When the informant tried to resist them, he was intercepted by all the accused persons and accused Sambhu Biswas proceeded to assault the informant with the help of spade. Hearing the shouts, the neighbouring persons assembled there and rescued the informant. The informant took the injured by the rickshaw of Kalipada Biswas to Kashtadanga Hospital. As the doctor was not present there, the injured were referred to Jagulia Hospital. But on way to Jagulia Hospital both the injured succumbed to the injuries. The informant came back and kept the dead bodies in the house of Kalipada, the father-in-law of the deceased. Accused Sambhu and Bhola fled away from the house.

(3.) After receipt of the complaint, Haringhata P. S. Case No. 151 dated 21.11.1994 was started under section 498A/302 of the Indian Penal Code. After completion of investigation the chargesheet was submitted.