JHARNA GOPE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and order of conviction and sentence dtd. 31/1/2019 and 6/2/2019 passed by the Learned Additional Sessions Judge, 2 nd Court, Asansol, in Sessions Trial No. 28 of 2016 arising out of Sessions Serial Case No. 42 of 2016 (corresponding to CIS Regd. No. SC. 128/2016) thereby convicting the appellant for commission of offence under Sec. 498A of the Indian Penal Code and sentencing her to suffer Simple Imprisonment for two years and fine of Rs.10,000.00 in default to suffer additional Simple Imprisonment for three months.

(2.) Raniganj Police Station case no. 451/2014 dtd. 27/12/2014 was registered under Ss. 342/302/34 of the Indian Penal Code on the basis of a letter of complaint addressed to the Officer-in-charge Raniganj Police Station by Sanjoy Pal, brother of the deceased Bandana Gope (hereinafter referred to as the 'complainant'). The allegations made in the letter of complaint were to the effect that the complainant's sister was married to Sadhan Gope nine years ago and since her marriage she was abused by her brother-in-laws and sister- in-laws with respect to their family property. On 24/12/2014 at about 1.30 pm in the absence of Sadhan Gope (husband of the deceased) his brothers namely, Kanai Gope and Jiten Gope and their wives namely, Tumpa Gope and Jharna Gope severely tortured the deceased over previous issues, as a result of which the complainant's sister started screaming, when they locked her in a room and set her on fire. At about 3.00 pm Sadhan Gope, husband of the complainant's sister returned and found that she was lying senseless being burnt. Immediately she was shifted to by her husband to Asansol Government Hospital and the complainant was informed. After the complainant reached there he found that she was shifted Durgapur Vivekananda Hospital and on 26/12/2014 at about 08.45 pm she expired. The complainant requested the police authorities for taking steps against the accused persons.

(3.) The police authorities on conclusion of investigation submitted charge- sheet under Sec. 342/302/34 of the Indian Penal Code against four accused persons namely, Kanai Gope, Jiten Gope, Tumpa Gope and Jharna Gope. After compliance of the provisions of Sec. 207 of the Code of Criminal Procedure the case was committed to the Court of Sessions and finally the records of the case were made over to the learned Additional Sessions Judge, 2nd Court, Asansol for trial and disposal. The learned Trial Court on 7 th of December, 2016 framed charges against the four accused persons above named under Sec. 302/34 of the Indian Penal Code and Sec. 342 of the Indian Penal Code.