AJOY BHATTACHARJEE Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) The Challenge in this appeal is to the judgement and order dated 23.3.2010 passed by the learned Additional District and Sessions Judge, Fast Track Court no. 2, Haldia in S.T. No. 8(7) of 2009 thereby convicting the appellant Ajoy Bhattacharjee under Section 498 a of the Indian Penal Code and sentencing him to suffer R.I. for two years and to pay a fine of Rs. 2000/-.

(2.) The appellant has challenged the judgement impugned on the following grounds :

(3.) Marriage of Chinmoyee Chakrabortty and Ajoy Bhattacharjee had taken place on 13th of Jaistha, 1393 B.S. according to Hindu Rights and Customs. After marriage, Chinmoyee Chakrabortty started living in her matrimonial house. Although sufficient dowry was provided with the bride groom family at the time of marriage, further demand of dowry of cash Rs. 20,000/- was made by the appellant's family. Chinmoyee was tortured physically and mentally in her matrimonial house by her husband and in-laws. Once she was assaulted and sustained injury on her ear. Once she was pushed from behind while she was cooking. However, she survived and suffered the torture. She had to initiate a Criminal proceeding being Nandi Gram police station case no. 108/90 dated 15.10.1990 under Section 498A/323 of Indian Penal Code against the husband and in- laws. The case was amicably settled and Chinmoyee returned to matrimonial house with hope of peaceful matrimonial life. But, her hope vanished quickly as she had to face physical and mental torture against by her husband and in-laws for non-payment of Rs. 20,000/- cash. She was provided with adequate food and treated by any Doctor while she fell ill. All possible efforts were made to settle the dispute but, everything was in vain. The father of Chinmoyee recived a phone call from the appellant on 3.6.2005 at about 3 P.M. He was informed that Chinmoyee had taken poison. The elder brother of Chinmoyee (P.W. 1) rushed to the matrimonial house of Chinmoyee and found that Chinmoyee died already with several injuries on her body. The brother of Chinmoyee came to know from some local people that on 2.6.2005, in the mid night, the husband and other in-laws of Chinmoyee assaulted her with bamboo stick. Chinmoyee shouted for help for sometimes. But soon thereafter, her shouting could be heard. On questioning, the appellant and other in-laws of Chinmoyee disclosed that Chinmoyee died by taking poison. Since the local police station already recorded one U.D. case, it refused to entertain any F.I.R.