HAREN MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 12.09.2005 passed by the learned Sessions Judge, Malda in Sessions Case No. 218/2002 (Sessions Trial No.17 of 2003) whereby and whereunder the appellant was found guilty for offences under Section 498(A)/302 of the Indian Panel Code and was sentenced to suffer life imprisonment with fine of Rs.2,000/ - and in default, to suffer simple imprisonment for 6 (six) more months for the offence under Section 302 of the Indian Panel Code. He was also sentenced to undergo rigorous imprisonment for 3 (three) years with a fine of Rs.1,000/ - and in default, to suffer simple imprisonment for 2 (two) more months for the offence punishable under Section 498(A) of the Indian Panel Code. Both the sentences were directed to run concurrently.

(2.) Upon a perusal of the written report and the FIR, it is evident that Kaliachak P.S. Case No.107 dated 27.03.2002 under Sections 498(A)/302 was initiated on the basis of a written report of one Anjali Mondal, mother of the deceased Dhrita Mondal (Mousumi) against the appellant Haren Mondal. In the written report she alleged that her daughter aged about 20 (twenty) years was married to Haren Mondal on 04.09.2001 and at the time of marriage, she had paid Rs.50,000/ - for purchase of a motorcycle and a television set. She had also given 2.5 'bharies' of gold, a cot etc. as dowry. She alleged that after marriage, her daughter resided in the house of her husband but after about 2 (two) months from the marriage, her son -in -law started beating her daughter on lame excuses. This was informed by the daughter to her mother. Subsequently, the complainant came to learn from different sources that the character of her son - in -law Haren Mondal (appellant) was not good and in the past, he had a history of seducing another girl and then torturing her.

(3.) We have given our anxious consideration to the facts and circumstances involved in this case. Upon a perusal of the post mortem report we notice that the following injuries were found : -