LAWS(CAL)-2022-2-129

PINKY SINGH Vs. STATE OF WEST BENGAL

Decided On February 21, 2022
Pinky Singh Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The instant appeal filed by the convict of Sessions Trial No.06(06) 2013 corresponding to Sessions Case No.126 of 2013 arising out of Bizpur Police Station Case No.307 of 2012 dtd. 26/9/2012 is against the order of conviction and sentence under Sec. 306 of the Indian Penal Code, IPC for short. The appellant was sentenced to suffer rigorous imprisonment for 5 years and also to pay fine of Rs.2,000.00 with default clause for the offence under Sec. 306 of the IPC. The said judgment and order of conviction and sentence is assailed by the appellant in the instant appeal.

(2.) Bizpur Police Station case No.307 of 2012 dtd. 26/9/2012 was registered on the basis of a written complaint submitted by one Gopal Singh alleging, inter alia, that the appellant is his second wife. He has one son and one daughter in the wedlock of his first marriage. The first wife of Gopal left with another person and Gopal married to the appellant when his daughter was aged about 8 years and the son was about 5 years old. It is further alleged that the appellant being the stepmother of her daughter Prerthana used to torture regularly on flimsy ground. Prerthana complained of her stepmother to her father. On 26/9/2012 at about 8 a.m. the appellant again tortured her, as a result of which Prerthana could not bear such torture and committed suicide on the verandah of their house. Thus, the appellant abetted Prerthana to commit suicide by hanging.

(3.) Investigation culminated in filing of charge sheet against the appellant under Sec. 306 IPC. In order to bring the charge, prosecution examined 12 witnesses. Certain documents were marked exhibits. The learned Trial Judge on consideration of the evidence on record, both oral and documentary, convicted the appellant and sentenced him accordingly. The instant appeal is assailing the order of conviction and sentence.