SUKDEB HALDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 29.7.1988 passed by the learned Sessions Judge, 1st Court at Nadia in Sessions Trial No. 3 of June, 1988 arising out of Sessions case No. 9(3)85 and G.R. Case No. 145 of 1984. By the said judgment the learned Sessions Judge found the accused Sukdeb guilty under Section 498A and Section 306 of the Indian Penal Code and sentenced him to suffer r. i. for ten years and also to pay a fine of Rs. 1,000/- in default to suffer further r. i. for two months under Section 306 of the Indian Penal Code. No separate sentence was passed in respect of the offence under Section 498A of the IPC. G.R. Case No. 145 of 1984 was started on 8.5.1984 at 13.00 hours on the basis of a written complaint by one Nagendra Chandra Halder in which it was alleged that his daughter Lovely, was married with the accused Sukdeb Halder on 31st Ashar, 1390 B.S. was subjected to cruelty and harassment with a view to extract money from her father as a result of which she committed suicide by taking poison. In the said complaint, it was also indicated that the accused had a love affair with a lady named Mita and the in-laws had an intention to give Sukdeb marriage with that lady. On the basis of the said FIR police investigated the case and ultimately submitted a charge-sheet against be accused Sukdeb and the case was committed to the court of sessions where altogether ten witnesses were examined.

(2.) After framing of the charge under Section 498A and Section 306 of the IPC it be mentioned here that the accused Sukdeb pleaded not guilty to the charge.

(3.) The learned Sessions Judge after analysing the evidence of the witnesses produced by the prosecution and also keeping in view the medical report came to a conclusion that the victim Lovely was subjected to harassment by the husband Sukdeb, who used to coercive her for bringing money from her parents. Accordingly, he found the accused guilty after coming to a conclusion that the charges were proved and thereafter convicted the accused in the manner hereinabove indicated.