LAWS(CAL)-2013-11-39

ANUP DUTTA CHOWDHURY Vs. STATE OF WEST BENGAL

Decided On November 12, 2013
Anup Dutta Chowdhury Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) THIS appeal arose out of the judgment and order dated 24.2.2011 and 25.2.2011 passed by the learned Additional Sessions Judge, 1st Court, Burdwan in Sessions Trial No. 3 of 2010 arising out of Sessions Case No. 125 of 2010 and thereby convicting the appellant for commission of offence under sections 498A/306 of Indian Penal Code and sentencing them accordingly. In the background of this appeal, the fact in short is as follows :

(2.) ONE Smt. Manju Dutta Chowdhury daughter of Dilip Das resident of Bahir Sarbamongala, Punjabi Para of Police Station and District - Burdwan was married with Anup Dutta Chowdhury son of late Debesh Dutta Chowdhury of Kanchan Nagar, Uday Pally on 28th February, 2000 and thereafter during their wedlock, Manju gave birth to two male children who are at present seven years and one and half years old. At the time of marriage the family of the accused demanded rupees eighty thousand cash, ten bhories of gold ornaments, one refrigerator, bed, dressing table and other house hold articles which were fulfilled by the parents of Manju. But still then the accused persons created both mental and physical torture upon Manju. Even the accused persons pressurized Manju for bringing further rupees 50 thousand for construction of the house from her parents. The accused persons further tortured upon her on the demand of Rs. 1 lakh more. She never resided in peace. On 14.8.2009 at about 12.30 p.m. the family members of Manju got information that their daughter committed suicide by hanging. They rushed to the matrimonial home of Manju and found her body hanging with several marks of injury on her person.

(3.) ON trial, the learned Trial Court convicted the present appellant by the impugned judgment. It has to be seen if the impugned judgment suffers from any infirmity and as such calls for any interference or not. Sections 498A/ 306 of IPC read as follows :