HIRA CHOWDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The accused appellant along with his father and mother stood charged u/s. 306 read with Section 34 of the Indian Penal Code (and also u/s. 498A read with Section 34 of the Indian Penal Code for having abetted the commission of suicide by the appellants wife Urmila Chowdhury on 19-2-1987 at 7(h) 29, Gorapada Sarkar Lane, P.S. Ultadanga, Distt. 24- Parganas and for having subjected said Urmila Chowdhury to constant physical and mental torture which compelled her to commit suicide, in Sessions Trial No. 2(7)88 in the Court of Additional Sessions Judge, 2nd Court, Alipore. The learned Sessions Judge, by his impugned judgment and order dated 25-5-1989 found the accused/appellant guilty u/s. 306 and 498A of the Indian Penal Code and sentenced him to suffer Rigorous Imprisonment for 10 years and to pay a fine of Rs. 2000/-, in default to suffer Rigorous Imprisonment for a further period of 6 months on the first count and sentenced to him to suffer Rigorous Imprisonment for 2 years on the second count. Both the sentences were to run concurrently. The learned judge found the other two accused not guilty and so he aquitted thcm. Being aggrieved by the order of conviction and sentence accused Hira Chowdhury has come up in this appeal.

(2.) The prosecution case as disclosed from the First Information Report, Ext. 1 filed on 19-2-1987 at Ultanga Police Station, Calcutta by Khagendra Nath Pradhan who is a tenant under the appellants father at 7(H) 29, Gorapada Sarkar Lane, is that the accused/appellant along with his parents, his brother Moti Choudhury, his wife Urmila and their 3-year old son Bapi lived together at the aforesaid premises. Urmila often used to say that she had to do all the household works and that none of the other members of the family did anything. She alone had to do cooking, washing of utensils and clothes, wiping the floors etc. Her husband was very much addicted to playing Satta (gambling). He did not give her a single rupee as pocket money and when she told him about the hard labour he created a lot of disturbances. Urmila used to say that her husband used to tell her to do all the works otherwise she could go away anywhere she liked. On 15-2-1987 accused Hira Chowdhurys father Nagina Chowdhury told him that his son had been destroying everything owing to addiction to Satta. He used to go out with pockets fun of money and he returned home as a pauper. On 19-2-1987 at about 10 a.m. he heard that Hira and Urmila had a dispute. Urmihhad said that she would not be able to cook for so many people and Hira had told her she could go away anywhere. On that very day at about 12 noon he heard that Urmila was found in a burnt condition in her room and the boys of the neighboured had taken her to the R.G. Kar Hospital. It transpired that she had died in the hospital.

(3.) After due investigation police submitted charge against the accused/appellant and against his parents. The trial ended in the conviction of the accused/appellant and acquittal of his parents as already stated above.