TAPAN PAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellants were convicted under section 306 and 48A, Indian Penal Code by the learned Assistant Sessions Judge, Kalna Id for his conviction under section 306, Indian Penal Code, appellant No. 1 Tapan Pal was sentenced to suffer rigorous imprisonment for 7 ? years pay a fine of Rs. 2,500/-, in default further simple imprisonment for months and appellant no.2 Lakshmirani Pal was sentenced to suffer gorous imprisonment for 5 years and to pay fine of Rs. 2,500/-, default, to suffer further simple imprisonment for 6 months. The fine, if realised, as ordered to be paid to P.W. 2 Sudharani Kumar, mother of the deceased. No separate sentence was passed under section 498A, Indian Panel code. Swapan Pal and Puspita Pal younger brother and sister of appellant Tapan Pal respectively were found not guilty and acquitted of both le charges.

(2.) Briefly stated, the prosecution case is as follows :- Namita Pal, daughter of Late Abhoypada Kumar and P.W. 2 Sudharani Kumar of village Tildanga, P .S. Balagarh, District Hooghly was married I appellant No.1 Tapan Pal of village Gopalpur, P.S. Kalna, District Burdwan about 3 years before the occurrence. Since marriage, she was subjected to physical and mental tortures by the two appellants and Swapan and Pusparani. On 4.12.87. Namita committed suicide by hanging as she could no longer bear the habitual tortures meted out to her.

(3.) P.W.1 Apurba Kumar, cousin of Namita, lodged a written report, on the basis of which, formal F .I.R. was drawn up and a case was registered against the appellants and others under sections 498A/306, Indian Penal Code. PW 13, S.I. Narendra Nath Saha took up investigation in the case and on completion of investigation, submitted charge-sheet against the accused persons under sections 498A/306, Indian Penal Code which in usual course ended in committal of the case to the Court of Session.