PRANGOPAL GOSWAMI Vs. STATE

JUDGEMENT

(1.) This appeal arose out of judgment and order dated 19/20.12.07 passed by the learned Additional Sessions Judge, 3rd Court Fast Track Court, Jalpaiguri in Sessions case No. 181 of 2006 convicting thereby the appellants of the charge framed against them for commission of offence punishable under Section 306/506 IPC and sentencing the appellant No. 1 to suffer simple imprisonment for 4 years and to pay a fine of Rs. 1 lac in default to suffer simple imprisonment for six months more for the offence under Section 306 IPC and also to suffer simple imprisonment for one month for the offence under Section 506 IPC and the appellant nos. 2 to 5 to suffer rigorous imprisonment for six years each and to pay a fine of Rs. 2000/- each in default to suffer simple imprisonment for one year each for the offence under Section 306 IPC and also to suffer simple imprisonment for two months each for the offence under Section 506 IPC. Both the sentences were directed to run concurrently.

(2.) In the background of this appeal, the fact in a nutshell is that the informant one Jagannath Basak reported that on 17.7.2004 he left for Calcutta by Teesta Torsa Express from Jalpaiguri alongwith his seek wife and younger son for treatment as well as change of climate of his wife and from Calcutta they left for Digha. On 21.7.2004, he came to know over telephone that something wrong had happened in his house. He readily left for Jalpaiguri and on reaching there on 22.7.2004, he learnt that his son Goutam Basak had committed suicide by hanging. It was stated that the day when they left for Calcutta, they called a rickshaw at their lane to go to Railway Station. At that time, the lane was waterlogged due to heavy rain. His neighbour Nupur Goswami and his father Prangopal Goswami abused in filthy languages on the ground of causing inconvenience by calling a rickshaw in that waterlogged lane. As they were going out, they did not raise any protest. Subsequently, he learned that when his elder son, Goutam Basak returned to his house from the station, Nupur Goswami and his father Prangopal Goswami abused his son in filthy languages. His elder son protested alongwith his brother and brother's wife. On 17.7.2004, his son informed the matter to the local Councillor Kamal Das in writing. On the following morning Sri Das came and enquired about the matter and requested Nupur Goswami and his father not to behave in such manner. After departure of the Councillor, Prangopal Goswami and his sons viz. Netai Goswami, Nemai Goswami, Naru Goswami and Nupur Goswami raided their house and abused in filthy languages and also threatened all the members of informant's family. They disclosed that they were employees of Police Department and they would implicate Goutam Basak in false rape case and would also push prostitute into their house. Goutam reported the matter to Kotwali P.S. in writing on 18.7.2004 but the Police did not enquire the matter. On 19.7.2004, since morning till evening those persons repeatedly attacked informant's son. As a result, his son took shelter in his brother's house. His brother came back from his Office and learnt the incident and informed the matter to the neighbours. On 20.7.2004, since morning those men threatened to kill his son and also instigated him to commit suicide. Under such condition, his son broke down. On 20.7.2004 his brother returned in the evening and consoled him. Goutam cooked his food at night and his brother asked him to go to sleep without any fear. But Goutam repeatedly told his brother that he had no option but to commit suicide due to such provocation, made by the accused person.

(3.) On 21.7.2004, his brother's wife found that Goutam did not get up till 9.30 A.M. Even after the noon she noticed that Goutam did not awake. Then she informed her husband over telephone and his brother came back and broke glass of the window and found that Goutam was hanging. His brother informed the matter to the Police and the Police came and seized a suicidal note, claimed to have been written by Goutam and his some other note books.