RAJEN MANDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal against the judgment and order of conviction dtd. 24th February, 2015 and 27th February, 2015 respectively passed by the learned Additional Sessions Judge, Fast Track Court, Cooch Behar in Sessions Trial No.01(12) of 2009 arising out of Sessions Case No.205 of 2009 wherein the learned Trial Judge convicted the appellant and sentenced him to suffer imprisonment for three years and to pay fine of Rs.5,000/-, in default, to suffer further simple imprisonment for three months for the offence punishable under Sec. 498A of the Indian Penal Code. The appellant was further sentenced to suffer rigorous imprisonment for six years and to pay fine of Rs.10,000/-, in default, to suffer further imprisonment for three months for the offence punishable under Sec. 306 of the Indian Penal Code. In the instant appeal, the appellant has assailed the judgment of conviction and order of sentence.

(2.) One Dilip Das lodged a written complaint to the Officer-in- Charge Boxirhat P. S. stating, inter alia, that marriage of his sister was solemnized on 10th 'Magh', 1413 B.S. with the appellant in accordance with Hindu rites and ceremonies. After marriage she went to her matrimonial home and lived happily and peacefully with her husband and other matrimonial relations for about two months. After two months of marriage the appellant started putting torture upon her for bringing money from her paternal home for the purpose of starting a business of wooden furniture. When the wife of the appellant refused to state the proposal of her husband, she was tortured physically and mentally. Ultimately, the sister of the de facto complainant compelled to inform the incident to her paternal home and asked for money for her husband. The de facto complainant could not satisfy her demand due to poverty. Sister of the de facto complainant was continuously subjected to physical and mental torture on illegal demand of money by her husband. Her sisters-in-law also aided and abetted to commit such offence by the appellant.

(3.) Thereafter on 25th July, 2007 the de facto complainant received an information that his sister committed suicide by hanging at her matrimonial home.