LAWS(CAL)-2012-10-13

KATYANI GHOSH Vs. STATE OF WEST BENGAL

Decided On October 01, 2012
KATYANI GHOSH Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) This appeal was directed against the judgement and order of conviction passed by Sri R.K. Datta Choudhuri, Sessions Judge, Jalpaiguri in Sessions Trial No. 10 of 2002 arising out of Sessions Case No. 125 of 2001 convicting the appellant Katyani Ghosh under Section 498A/306/304B of the Indian Penal Code.

(2.) Shortly put, the prosecution case is that accused Dilip Ghosh and victim Jaba Ghosh were married according to Hindu rites and customs on 29.04.1997. Jaba Ghosh after six months from the date of marriage was subjected to torture by her husband Dilip Ghosh and mother-in-law Katyani Ghosh. On 08.06.1999 Jaba Ghosh committed suicide by hanging and as a result Madan Kukmar Gope, elder brother of Jaba lodged a complaint to the local Police Station. Hence the prosecution case. The defence case as it appears from the trend of the cross-examination of prosecution witnesses and answered given by the accused persons to their respective examinations under Section 313 Cr.P.C. is that of absolute innocence.

(3.) I like to mention that in the instant case after conclusion of trial learned Trial Court acquitted Dilip Ghosh, husband of Jaba and convicted Katyani Ghosh, the mother-in-law of Jaba for commission of offence under Section 304B I.P.C. and sentence her to suffer R.I. for seven years.