SUKLA DAWN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and order dtd. 15/9/2004 passed by the learned Additional Sessions Judge, 2nd Court, Barasat, North 24-Parganas in connection with the S.T. No. 4(4) 97 corresponding to S.C. No. 19(9) 95, wherein the learned Trial Court was pleased to hold the appellants guilty for commission of offence punishable under Sec. 498A of the Indian Penal Code and acquitted them for the offence punishable under Sec. 307 read with Sec. 120B of the Indian Penal Code. The Trial Court was pleased to impose sentence upon the appellants to suffer rigorous imprisonment for 1 (one) year each and to pay a fine of Rs.500.00 each, i.d. to suffer further rigorous imprisonment for 2 (two) months for the offence under Sec. 498A of the Indian Penal Code.

(2.) The records reflect that Bidhannagar Police Station Case No. 155 dtd. 10/12/1994 under Ss. 498A/323/325/506 of the Indian Penal Code was registered for investigation on the basis of a complaint addressed by Anindita Dawn to Officer-in-Charge, Bidhannagar Police Station on 10/12/1994. The allegations made in the letter of complaint was that the complainant was married to one Chirantan Dawn on 5/3/1994 and the complainant's father on demand of the appellants gave gold jewellery, cash etc. and after some days of marriage paid a huge sum of money for construction of the first floor of the house. The complainant alleges that after few days of marriage her mother-in- law, Sukla Dawn started physical and mental torture upon her on various pretext and instigated her husband for bringing more money and jewellery from her father. When the complainant refused to such demand of her husband which was instigated by her mother-in-law, both the appellants inflicted physical torture upon her and the complainant was compelled to inform the same to her parents. On 3/12/1994 the complainant's husband being instigated by his mother assaulted the complainant and when the same was informed by the complainant to her mother and elder sister, police had to intervene when the complainant's husband at the police station accepted his mistake and prayed for mercy, as such on the said date the complainant withdrew her allegations and the complainant with the consent of the present appellants went to her paternal home. On 10/12/1994 at around 6.30 p.m. when the complainant being accompanied by his parents went to her matrimonial home, her mother-in-law abused them in filthy language and within 10/15 minutes her husband returned and in an excited manner directed the complainant and her mother to go out of their house, when the complainant's mother protested, her mother-in-law directed her husband to throw them away from their residence, when her husband started assaulting her mother and threw her at the floor and thereafter with shoes started assaulting her. Her mother sustained serious injuries at her face, stomach and other portions of the body. At that time, when the complainant went to rescue her mother she was also assaulted by her husband with shoes and took out a knife for murdering her. The complainant and her mother started shouting when the local people started approaching their residence and as a result the husband fled away.

(3.) The Investing Agency on receipt of the complaint commenced investigation, the Investigating Officer on completion of investigation submitted charge-sheet under Ss. 498A/324/326/307/506 of the Indian Penal Code against the present appellants. Learned Magistrate was pleased to take cognizance of the offence and after supply of the copies under Sec. 207 of the Code of Criminal Procedure was pleased to commit the case to the Court of Sessions and finally the case was transferred to the learned Additional Sessions Judge, 2nd Court, Barasat, North 24-Parganas (hereinafter referred to as the 'Trial Court').