MONOTOSH MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal arose out of judgment and order of conviction dated 06.05.2008 passed by learned Additional Sessions Judge, Fast Track Court-I, Baruipur, South 24-Parganas in Sessions Trial No. 4 (11) of 2005 and convicted thereby the appellant for commission of offence punishable under Section 498A of the Indian Penal Code and sentencing to suffer rigorous imprisonment for a term of three years and to pay fine of Rs. 5,000/- with default clause.

(2.) In the background of this appeal, the fact in a nutshell is as follows :- One Basanta Kumar Naskar lodged a written complaint before the Officer-in-Charge, Joynagar Police Station on 08.04.2004 to the effect that the marriage of his sister Sabita Naskar with one Monotosh Mondal took place on 06.06.2003 according to Hindu rites. After the marriage, Monotosh Mondal, the husband of Sabita, Chittaranjan Mondal, the elder brother of Monothsh Mondal and-the wife of Chittaranjan Mondal used to torture on Sabita mentally and physically. On 08.04.2004, the complainant heard news that his sister Sabita consumed poison at her in-laws' house and she was under treatment in a hospital. He went to the hospital and thereby came to learn that no patient consuming poison had been admitted there. Thereafter, he went to the in-laws' house of and found her dead body.

(3.) The case was committed to the Court of sessions by the learned Chief Judicial Magistrate. On hearing both sides, the learned trial Court framed charges against all the accused persons under Sections 498A/306/304B of the Indian Penal Code. The contents of the charge were read aver and explained to the accused persons who pleaded not guilty and claimed to be tried.