SANJOY DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment and order of conviction dated on 11/3/2005 passed by learned additional sessions judge case first court Birbhum Suri in session case number 12/1999 convicting the appellants u/s 498A of IPC sentencing the appellants to suffer rigorous imprisonment for 3 years each and also to pay a fine of Rs.5000.00 each.

(2.) In default to suffer further rigorous imprisonment for six months each.

(3.) The prosecution case precisely state of a complaint lodged by father of the deceased victim who was married to the appellant Sanjoy Das. Just after the marriage the relatives of the appellant started to torture the victim Puspha, physically and mentally. As a result of such torture the victim submitted an application before the women cell a year before her death. The appellant gave an undertaking before the officer of the women cell to take his wife back to his house. The complaint further stated the victim used to come to her parental house frequently and on 13thof March on a Dol-Purnima day the victim was assaulted by her husband and other family members for which she went to her house. Thereafter the husband of the victim and other members came to the house of the complaint and assured that they were sorry and had taken back the victim to their house. Thereafter on 9/4/98 the appellants Sanjoy das, Kartick Das and two of her sister-in-law Prafulla Das and Katamuni Das assaulted her severely. The husband of the victim hit her with a shabol and other had put kerosene oil in her body and caught her fire in her. She was to Suri Sadar Hospital. And 10/4/1998 the victim died at 6.00 A.M in the morning. The complaint prayed for punishment of the appellant. Based on the aforesaid written complaint Suri P.S case no. 54/98 dtd. 10/4/1998 under Sec. 302 was investigation was started, which ended in the submission of the charge sheet. Charges were framed under Ss. 302/498A/34 Indian Penal Code. The accused persons pleaded not guilty and claimed to be tried.