ANANDA PAUL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) this appeal is directed against the judgment of conviction and sentence passed by learned Additional Sessions Judge, 6th Court, Midnapore, sentencing each of the appellants Ananda Paul and Smt. Ghanteswari Paul to suffer R.I. for life and also to pay a fine of Rs.2,000/- in default to suffer R.I. for six months under section 302/34 Indian Penal Code, and also to suffer R.I. for three years and to pay a fine of Rs. 500/-, in default to suffer R.I. for two months under section 201/34 Indian Penal Code. The learned Judge further sentenced Ghanteswari to suffer R.I. for two years and to pay a fine of Rs. 500/- in default to suffer R.I. for two months under section 498A Indian Penal Code. Each of the appellants Mukunda Paul and Sandhya Dey was sentenced to suffer R.I. for three years and to pay a fine of Rs.500/- in default to suffer R.I. for two months under section 498A Indian Penal Code. The learned Trial Judge directed that all the sentences would run concurrently. Appellant Ghanteswari died during the pendency of this appeal and the appeal filed by her has abated vide order dated 02.09.2009.

(2.) The prosecution case, in short, is that one Narayan Dey lodged complaint with the O.C. Chandrakona P.S. alleging that on 19th Jaistha, 1392 B.S. his eldest daughter Lakshmi Rani Dey was married with Mukunda Paul. At the time of marriage ornaments and other articles were gifted. After six months of marriage, the accused persons started committing torture upon Lakshmi Rani. But due to the intervention of the Chairman of Ramjibanpur Municipality, the matter was settled and Lakshmi Rani was again sent to her matrimonial home. But, thereafter, the accused persons again committed torture upon her and, as a result, the informant took back his daughter to his house. On 20th Agrahayan, 1393 B.S. through the intervention of the Chairman of Ramjibanpur Municipality and others Lakshmi Rani was again sent to her matrimonial home. One day, Ananda Paul, the brother-in-law of Lakshmi Rani came to the house of P.W.2 and informed that Lakshmi Rani committed suicide by hanging. The informant thereafter lodged complaint with the P.S. and Chandrakona P.S. Case No. 1/16 dated 12.2.1987 was started under section 498A/306/34 Indian Penal Code.

(3.) The learned Trial Judge framed charge under section 498A, Indian Penal Code against six accused persons; under section 302,201/34, Indian Penal Code against Ghanteswari and Ananda Pal. The accused persons pleaded not guilty and claimed to be tried.