BAKYA HALDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal arose out of the judgment and order dated 31.7.2008 and 04.08.2008 passed by the learned Additional Sessions Judge, 3rd Fast Track Court, Malda, in Sessions Trial No. 1(1)/2006 arising out of Sessions Case No. 175/05 and thereby convicting the appellants for commission of offence under sections 498A/304B/34 of Indian Penal Code and sentencing them for a period of seven years and two years with further direction to pay a fine with default clause.

(2.) IN the background of this appeal, the fact in a nutshell is as follows :

(3.) THE brother of the deceased Mankhushi Halder lodged a written complaint at Habibpur P.S., Malda on 21.8.2004 at about 14:15 hrs. stating interalia that near about 21/2 years ago the marriage of his sister Mankhusi Halder was solemnized with accused Bakya Halder in accordance with Hindu rites and custom. Soon after marriage, she was ill -treated by her father -in -law and mother -in -law. Lastly, on 20.8.2004 at about noon accused Sukumar Halder, father -in -law of the deceased caused assault to the victim and husband and mother -in -law asked deceased to die by taking poison and the deceased asked her husband for redress but he did not do anything. On the contrary, he expressed his desire that she should leave the house and ultimately commit suicide by taking endoceal poison at night around 2 -00 p.m. Thereafter, she was removed at Bulbulchandi Hospital for her treatment but she died on the way to hospital.