NITYALAL MALICK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revisional application has been preferred by four petitioners against the judgement and order passed by the learned Additional Sessions Judge, Arambagh in Criminal Appeal No. 8 of 2000 wherein learned appellate court was pleased to affirm the order of conviction and sentence passed by the learned Assistant Sessions Judge, Arambagh in connection with S.T. No. 193/98 arising out of G.R. Case No. 331/95 (corresponding to Pursurah P.S. Case No. 53 dated 26.08.95). The sentence so imposed by the learned Assistant Sessions Judge, Arambagh (hereinafter referred to as the "trial court") was simple imprisonment for six months and to pay fine of Rs.1,800/- each, i.d. to suffer S.I. for another six months for the offence under Section 498A of the Indian Penal Code.

(2.) Mr. Ghosh, learned advocate appearing for the petitioners submits that the learned appellate court has mechanically appreciated the evidence and in fact, by way of such appreciation, the learned trial court has ignored evidence which was deposed by the prosecution witnesses. Learned advocate further submits that if the prosecution evidence is appreciated in a cumulative manner, prima facie, no offence has been made out so far as the present petitioners are concerned and unnecessarily the learned appellate court has stressed on the FIR/letter of complaint which was the genesis of the instant case.

(3.) Mr. Chakraborty, learned advocate appearing for the State supports the judgement of the learned trial court as well as that of the learned appellate court and submits that the offence was committed by the present petitioners and appreciation of the evidence reflects that there were immense mental torture which were inflicted upon the deceased which compelled her to commit suicide.