BASUDEB DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appellants are the son and his mother respectively who are convicted and sentenced to suffer imprisonment by the Trial Court for the offence under Sec. 498A and 306 of the Indian Penal Code. The appellants are aggrieved with the judgment and order of the Trial Court dtd. 27/9/2012 and 28/9/2012 respectively and they challenge the said judgment in this appeal.

(2.) Appellants faced trial in Sessions Trial No. 3(11) of 2004 arising out of Sessions Case No. 27(6) of 2004. The unfortunate suicidal death of the wife of the Appellant No.1 prompted initiation of the criminal case against both the appellants. The death occurred on 1/1/2000. FIR was lodged on 2/1/2000 by the mother of the deceased. The complainant narrated in the FIR that her daughter Shila Mullick was married to the appellant No.1 on 1/5/1999. That the marriage was never a happy one. Her daughter has always been subjected to mental and physical cruelty and torture perpetrated by the appellant No.1. She was subjected to physical assault. Dowry was provided to the appellant No 1 and his family as per their demand, comprising of cash and gold ornaments, though however the appellants were not satisfied with that. The victim during her lifetime and in her matrimonial life was constantly pressurized to bring more money from her paternal house. 20 days before her death an amount of Rs.10,000.00 was provided by the complainant to the appellant and his family on their demand. In spite of every endeavor made by the complainant to satisfy the demand of the appellant and his family, they did not seize torturing the victim. The complainant has stated that due to such continuous and incessant mental torture and physical assault perpetrated by the appellant No.1, the victim was forced to commit suicide by taking poison.

(3.) On the basis of the FIR as mentioned above, a police case was registered being Bagda Police Station Case No. 4/2000 dtd. 2/1/2000, under Sec. 498A and 306 IPC. Investigation was done and the same ultimately culminated into filing of charge sheet by police against both the appellants under the afore stated provisions of law. Case was committed to the Sessions Judge by the Magistrate and upon framing of charge on 24/11/2004, the trial commenced. Charges were framed against both the appellants under Sec. 498A IPC and 304B alternatively 306 IPC.