SUDHANGSHU PATHAK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgement and order of conviction passed by the learned Additional District and Sessions Judge, 2nd Fast Track Court, Purulia in S.C. No. 75 of 2008 (S.T. No. 20 of 2008) directing Pradip Pathak, Sudhangshu Pathak and Nunki @ Kalavati Pathak to undergo rigorous imprisonment for 7 years for committing offence under Sec. 304B of the I.P.C. and rigorous imprisonment for 3 years for having committed offence punishable under Sec. 498A of the I.P.C. and to pay fine of Rs.1000.00 each. Both the sentences are to run concurrently.

(2.) Briefly stated, Ganesh Pandey of Sarishakuri within P.S. Chandankeari, Bokaro set the criminal administration of justice into motion by informing the Officer-in-charge of Purulia (M) Police Station in writing about the unnatural death of his niece Purnima Pathak. The informant disclosed that Purnima was given marriage to Pradip Pathak of Surulia, District-Purulia. At the time of marriage a sum of Rs.51,000.00 was given in cash together with furniture and gold ornaments weighing about 2.5 vori but they could not give dressing table, sofa and steel almirah at the time of marriage which they agreed to give during negotiation. After Asthamangala, Pradip, his parents Sudhungshu and Nunki, sister Amrita and younger brother Sanjib Pathak started inflicting torture both physically and mentally upon Purnima as her family members failed to give sofa, almirah and dressing table, as promised. They even asked for a sum of Rs.50,000.00 in order to construct a house. On 13/10/2007 at about 8.00 a.m. Purnima told the informant Ganesh Pandey over phone about her plight in her matrimonial home and expressed her apprehension to get killed even as her family members failed to give promised furniture. On that very morning she was physically harassed and she committed suicide in the afternoon. The informant along with his other family members rushed to the matrimonial home of Purnima and found her lying dead on the bed.

(3.) The information since disclosed offence cognizable in nature Purulia (M) P.S. Case No. 108/07 was registered, police took up investigation which culminated into submission of the charge sheet against the accused persons.