ASHIM BOSE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal arose out of judgment and order dated 18.12.2010 passed by the learned Additional Sessions Judge, 2nd Court, Barasat, North 24 Paraganas in Sessions Trial No. 5(11)89 under Section 498A/306 IPC and sentencing the appellant for three years and to pay a fine of Rs. 2000/- in default to suffer further imprisonment for six months for commission of offence punishable under Section 498A/34 IPC and seven years and to pay a fine of Rs. 3000/- in default to suffer imprisonment for four months for commission of offence punishable under Section 306/34 IPC.

(2.) In the background of this appeal the fact in a nutshell is that one Samir Kumar Bose of village Nebadhai, Paschim Dutta Pukur came to I.C., Barasat, North 24 Paraganas on 11.1.87 at 20.05 hrs. and filed a written complaint to the effect that his daughter Sharmila Bose was married with one Pulak Bose in village Nebadhai, Paschim Dutta Pukur, North 24 Paraganas three years back. His daughter Sharmila and Pulak loved each other but the other members of the family used to torture Sharmila mentally even on trifling matters. The accused persons perpetrated torture both mentally and physically on her. Married Sisterin-law of Sharmila, Santa Mitra spoke ill of Sharmila and she could not tolerate it and protested. Santa knocked her down in her room and asked her to go out. After the incident, Sharmila and Pulak quitted the matrimonial house and shifted to a rental house. Subsequently, on repeated requests from the accused persons Sharmila and Pulak again returned to her own matrimonial place. The other accused persons again started torturing Sharmila as she arranged a space in the open corridor for a separate kitchen. The married Sister-in-law and her husband quitted the room which was allotted in their favour in absence of Sharmila. But degree of torture was also escalated by the accused persons on her. On 7.11.87, a quarrel cropped up over the loss of one soap cake and all the members of the family accused Pulak and the maid servant of Sharmila for such loss. On 8.11.87 Noon, Sharmila came back crying to her father s place. The defacto complainant went to the matrimonial house of Sharmila and saw his son-in-law Pulak was exchanging talks with other accused persons in a closed room. In the evening on the same date, Sharmila handed over one complaint, addressed to the S.P., North 24 Paraganas, to the defacto complainant to post it. On 9.11.87, at about 11.00 hrs., Sharmila on being provoked by the accused persons viz. Shila Bose, Ila Bose, Ashim Bose @ Kaju and Santa Mitra set fire on her person by pouring kerosene oil and lit up by a match stick to commit suicide. Thereafter, she was taken to National Medical College Hospital at Calcutta where she expired at about 21.45 hrs. Just before committing suicide, Sharmila wrote two letters to her parents where she accused all the accused persons viz. her father-in-law, mother-in-law, brother-in-law and both sisters-in-law for inflicting torture on her leading her to commit suicide. Sharmila also gave a dying declaration as recorded by the Police Officer of Beniapukur P.S. over the torture.

(3.) A complaint was also lodged by the father of the deceased.