JAGANNATH MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal arose against the judgment and order dated 5.10.2010 and 6.10.2010 passed by the learned Additional District & Sessions Judge, Fast Track 1st Court, Tamluk, Purba Medinipur in Sessions case No. 12 of 2007 thereby convicting the appellants for committing offence punishable under Section 306/498A/34 of the Indian Penal Code and thus directing the appellant No. 1 to suffer rigorous imprisonment for 7 years and to pay a fine of Rs. 1000/- with default clause and for commission of offence under Section 306/34 IPC and to suffer rigorous imprisonment for three years and to pay a fine of Rs. 500/- with default clause for the commission of offence punishable under Section 498A/34 IPC and also directing the appellants No. 2 and 3 to suffer rigorous imprisonment for 5 years each and to pay a fine of Rs. 1000/- with default clause for commission of offence punishable under Section 306/34 IPC and to suffer rigorous imprisonment for three years and to pay a fine of Rs. 500/- each with default clause for commission of offence punishable under Section 498A/34 IPC.

(2.) In the background of this appeal the fact in a nutshell is that one Balaram Manik lodged a complaint with O.C., Panskura P.S. on 8.9.2005 stating that his elder sister Sujata was married with the accused Jagannath Mandal as per Hindu Rites and Customs. At the time of marriage they gave cash money and other articles as dowry, demanded by the accused persons. After sometime the accused persons pressurised Sujata to bring more dowry of Rs. 10,000/- from her father's home and for non-bringing of such dowry, she was driven out after being assaulted from her matrimonial home by the accused persons. They also persecuted her to commit suicide. The inmates of Sujata tried many times to settle the matter, but in vain. At last, they lodged information with O.C., Panskura P.S. which was diarised as G.D.E. No. 121 dated 4.8.98. Sujata gave birth to three issues out of her wedlock. The complainant has further alleged that on 17.8.2005 the accused persons drove her out of her matrimonial home after assault and thereafter on 31.8.2005 the accused Jagannath Mandal came to their home and took Sujata to the house of the accused persons. On 6.9.2005, he was informed over telephone that his sister died. Hearing this information they went to the house of his sister and found her deadbody lying in the verandah with some injuries of assault on her body. The accused persons did not take any steps for her cremation. Police started case and after conclusion of investigation, the I.O. submitted charge-sheet against the accused persons under Section 306/498A/34 IPC.

(3.) The case was committed by the learned CJM, Purba Medinipur to the learned court of Sessions on 28.11.2006 for trial.