SARASWATI BARMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence passed by learned Assistant Sessions Judge, 1st Court, Contai in Sessions Trial No. 1/December, 1993 sentencing the Appellants to suffer R.I. for three years each under Section 498A IPC and also to suffer R.I. for eight years each and to pay a fine of Rs. 5,000/- each in default to suffer R.I. for 10 months each under Section 306 IPC with the direction that both the sentences will run concurrently.

(2.) The case of the prosecution, in short, is that one Jagannath Barman lodged complaint with Contai P.S. alleging that his youngest daughter Uttara was married with Dhirendra Barman. Since one year after marriage her husband, elder brother of the husband and his wife Smt. Saraswati used to commit various types of physical and mental torture on Uttara for her lapses in household duties. Whenever Uttara came to her paternal house, she used to disclose about this torture. The informant requested the members of the family of the father-in-law of Uttara to come to an adjustment with Uttara, but, inspite of that they used to commit torture mentally and physically on Uttara. Being unable to endure the torture, Uttara committed suicide by taking poison on 30.3.87. She was admitted in Mugberia hospital where she died.

(3.) Upon receipt of the complaint, the Contai P.S. case No. 1 dated 30.3.87 was started and after completion of investigation the charge sheet was submitted. The learned Trial Judge framed charge under Section 498A and 306/34 IPC to which the accused persons pleaded not guilty and claimed to be tried.