SAMBHUNATH DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The challenge in this appeal is to the judgment and order dated 31.03.2009 passed by the learned Additional District & Sessions Judge, Fast Track Court, Khatra, Bankura in Sessions Trial No. 8 (12)/2005 arising out of Sessions Case No. 22(9)/2005 convicting the appellants under sections 498A/306/34 of Indian Penal Code and sentencing them to suffer simple imprisonment for three years with a fine of Rs. 2000/- each for the offence under section 498A and to suffer simple imprisonment for seven years with a fine of Rs. 2000/- each for the offence committed under section 306/34 of Indian Penal Code. Both the punishments would run concurrently.

(2.) The prosecution case in the court below, succinctly, is that the marriage between Subhra Das and Sambhunath Das had taken place on 13th Ashar last year. 2 or 3 months after marriage, Subhra Das was subjected to mental and physical torture by the husband and other in-laws. She was assaulted and ill-treated by them. She was pressurized to write a letter to her father to collect money from him. On 15th October Subhra and Sambhunath had been to the paternal house of Subhra and they stayed there till 20.10.2000. On the next day i.e. on 21.10.2000, an information was received by Gunadhar Das, father of Subhra. He was told that Subhra was ill. He had been to the matrimonial house of Subhra at about 10 p.m. and found Subhra was lying dead. The in-laws of Subhra informed him that Subhra committed suicide by hanging at about 8-30 a.m. Gunadhar Das, father of Subhra, lodged one FIR with the Ranibandh Police Station alleging therein that Subhra was compelled to commit suicide due to physical and mental torture upon her by the appellants. That FIR was registered as Ranibandh P.S. Case No. 29/2000 dated 22.10.2000 under sections 498A/306/34 of Indian Penal Code against the appellants.

(3.) The case was investigated into. The inquest of the dead body of Subhra was done. The post-mortem of the dead body was also done. The Investigating Officer recorded the statements of available witnesses and finally filed one charge-sheet against the appellants for prosecuting them under the abovementioned sections. The appellants were arraigned to face charges under sections 498A/306/34 of Indian Penal Code to which they pleaded not guilty and accordingly, the trial commenced.