SHYAMAL MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) SINCE both the appeals relate to same incident and cause of action the same are taken up together for consideration and disposal. The present appeal No. C.R.A. 252 of 2006, is directed against an order of conviction dated 30.03.2006 and sentence dated 31.03.2006 passed by the learned Additional Sessions Judge, Fast Track Court, Katwa, Burdwan in the Sessions Trial No. 1 of 2004 relating to Sessions case No. 57 of 2002 whereby and whereunder the two petitioners namely, Shyamal Mukherjee and Champa Mukherjee were convicted under Section 306/34 IPC and were sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.5,000/- each, in default to suffer rigorous imprisonment for further period of six months. By same order three other accused were also convicted and sentenced as above. In a separate appeal being C.R.A. 253 of 2006 those three other petitioners, namely, Deb Kumar Bhattacharyya, Bubu Bhattacharyya and Smt. Swati Banerjee nee Bhattacharyya have also assailed the same order of conviction and sentence being co-accused. The subject matter of both these appeals being same the same are dealt with in this composite order.

(2.) THE facts leading to this case in brief are that one Smt. Monika Banerjee lodged a written complaint dated 26.12.1999 at Katwa Police Station to the effect that on 26.12.1999 Anindya Banerjee @ Kabi, her youngest son committed suicide by hanging under acute pressure of persisting tension, torture, cruelty and instigation caused by all the aforesaid five accused persons who abetted him to commit suicide. At that time the victim was a mere student of Class XII. It is further alleged that the victim fell in love with one Arpita Mukherjee, daughter of accused Shyamal Mukherjee and Smt. Champa Mukherjee. THE victim Anindya was undergoing private tuition under accused Deb Bhattacharyya in the same locality. Thus, friendship built up between the victim and the accused Bubu Bhattacharyya, son of his teacher Deb Bhattacharyya and Swati Bhattacharyya, daughter of the said Deb Bhattacharyya. Accused Deb Bhattacharyya and his daughter Swati cherished a desire for giving marriage of Bubu with said Arpita. With this object Bubu and Swati used to report to the parents of Arpita with the object of generating ill-feelings in their mind and to form adverse opinion against Anindya and with the same object they circulated slanderous remarks in the locality to tarnish the image of Anindya as a characterless person. Believing such a scandalous rumour once accused Champa Mukherjee assaulted Anindya with a slap and threatened him to break his hands and legs by inducting local lads if Anindya comes to her residence again. All the accused also engaged hired Gundas for killing Anindya and used to threat and tease him. Lastly on 13.11.1999 under the leadership of accused Bapi Mukherjee (brother of accused Shyamal), Debu, Chandu Bairagya and others, Anindya was assaulted and they claimed a fine of Rs.5,000/- from him. Under such acute pressure, physical and mental torture, cruelty and instigation the victim ultimately committed suicide. On receipt of such complaint investigation was undertaken by registering a case being Katwa P.S. Case No. 219 of 1999 dated 27.12.1999 under Section 306/34 IPC which was resulted in filing of charge-sheet against all the accused persons. After completion of trial all the accused persons were convicted and sentenced as aforesaid.

(3.) ACCORDING to the prosecution the following conducts/ facts proving such abetment to commit suicide have been well-proved by the prosecution to substantiate the charge under Section 306/34, IPC. For the sake of better appreciation the same may be quoted below :-