DURGA MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) After the death of her husband, the widow being the daughterin-law of the appellant used to stay at her matrimonial home with two minor children. On 28/1/2007 at about 10.00 a.m. she committed suicide at her matrimonial home by setting herself in fire.

(2.) The mother of the deceased lodged a complaint before the Inspector-in-Charge, Ranaghat Police Station on 29/1/2007 lodging, inter alia, that the parents-in-law, sisters-in-law and the husband of one of the sister-in-law used to treat the deceased with cruelty. She was physically assaulted. She was compelled to leave her matrimonial home and took shelter at her paternal home. However, at the intervention of a local leader of a particular political party the deceased was again sent to her matrimonial home. However, she could not lead a peaceful life in her matrimonial home and committed suicide.

(3.) On the basis of the above-mentioned written complaint filed by the mother of the deceased on the next date of her death of her daughter, Police registered a case against the appellant and other matrimonial relations under Ss. 498A/302 of the Indian Penal Code. After filing of charge-sheet the case was committed to the Court of sessions. Subsequently, the case was transferred to the Court of the Learned Additional Sessions Judge, Fast Track Court at Ranaghat for trial. The Learned Trial Judge framed charge against the accused persons under Ss. 498A/306 of the Indian Penal Code on 28/9/2007. He recorded evidence of the witnesses on behalf of the prosecution as many as 22 witnesses were examined. Some documents were admitted to evidence by marking exhibits and on conclusion of trial all the accused persons except the appellant was acquitted from the charge. The appellant was committed for committing offence under Sec. 498A of the Indian Penal Code and sentenced accordingly. The instant appeal is against the judgment and order of conviction and sentence passed by the Learned Court below on 30/10/2017 convicting the appellant/mother-in-law of the deceased for committing offence under Sec. 498A of the Indian Penal Code.