LAWS(CAL)-2013-2-64

GOPAL PAL Vs. STATE OF WEST BENGAL

Decided On February 22, 2013
GOPAL PAL Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) THIS appeal is directed against an order of conviction and sentence passed in Sessions Case No. 79(7) of 2005 wherein appellants were sentenced to suffer R.I. for two years and to pay a fine of Rs. 1,000.00 in default to suffer R.I. for one month for the offence punishable under Section 498A of the Indian Penal Code and also to suffer R.I. for 10 years and to pay a fine of Rs. 3,000.00 each, in default to suffer R.I. for 3 months for the offence punishable under Section 307 of the Indian Penal Code.

(2.) FACTUAL matrix leading to the initiation of the prosecution case is that Rita Pal got married with accused Gopal Pal 2 /3 years ago from the date of filing the FIR by Ava Pal, mother of Rita Pal. Her husband Gopal Pal and mother ­in-law Sailabala Pal started physical and mental torture upon her just after a few days of her marriage. She was also assaulted by both of them on several occasions as the de facto complainant , her mother failed to meet the demand of her husband Gopal for payment of Rs. 10,000.00. On 17-9-2000 at night Gopal and his mother forcefully made Rita consume acid as a result she became seriously ill. She was taken to Bethuadahari Hospital and from there she was referred to Saktinagar Hospital and later to N.R.S. Medical College and Hospital on 20-9-2000.

(3.) IN order to bring the offence home to the accused persons prosecution has examined as many as 20 witnesses and in course of examination of prosecution witnesses series of documents have been marked as exhibits. On appreciation of the evidence on record the learned Assistant Sessions Judge, 1st Court, Krishnagar, Nadia has found the appellants guilty, convicted them and passed the impugned sentence. Being aggrieved this appeal is before us.