JOYDEB SHIL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In Sessions Trial No.1(7) of 2016 corresponding to Sessions Case No.50 of 2016, the appellant being the father-in-law of deceased Priyanka Shil with other matrimonial relations of the deceased were convicted under Sec. 498A/304B of the Indian Penal Code and sentenced to suffer imprisonment for a terms term of seven years each for the offence punishable under Sec. 304B of the Indian Penal Code. However, no separate sentence was awarded for committing offence under Sec. 498A of the Indian Penal Code. The said judgment and order of conviction and sentence was passed by the learned Additional Sessions Judge, 3rd Court at Cooch Behar on 28th January, 2019.

(2.) Convict Joydeb Shil and other convicts have preferred the instant appeal challenging the aforesaid judgment and order of conviction and sentence.

(3.) It is found from the written complaint submitted by one Nikhil Ch. Dey before the Officer-in-Charge, Kotwali P.S at Cooch Behar on 12th August, 2015 that her minor daughter Priyanka had love relationship with one Rabi Shil, son of the appellant. The said Priyanka was eloped by Rabi on 18th May, 2014. The father of Priyanka lodged a missing diary and Rabi was arrested. After he was released from judicial custody on bail he again left the village with Priyanka and married her. Initially, they used to live in Gujarat and after few months of marriage they returned to the village and started residing in a rented house. At that time the defacto complainant came to know that the husband of Priyanka used to put pressure upon his wife asking her to bring Rs.2 lakhs from the defacto complainant. Over the said illegal demand there was quarrel between them. Priyanka was subjected to physical torture and mental pressure by her husband. Few days before her unnatural death both Priyanka and Rabi started residing in a room at her matrimonial home. In the matrimonial home Priyanka was subjected to physical torture and mental cruelty not only by Rabi but also by the appellant and other matrimonial relations. It is alleged in the written complaint that on 12th August, 2015 the defacto complainant rushed to the matrimonial house of Priyanka and found that she was hanging from the roof of a room in her matrimonial home. He did not find her husband Rabi Shil. The defacto complainant was of the opinion that the husband of Priyanka and her other matrimonial relations committed murder and hanged her from the wooden plank of the roof of the room where Priyanka used to stay.