DAYA SINDHU GURIA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and order of conviction and sentence dtd. 26/2/2020 and 27/2/2020 passed by the learned Additional District & Sessions Judge, 3 rd Court, Tamluk, Purba Medinipur in Sessions Trial No. 07(06)2019 wherein the learned Trial Court/Sessions Court was pleased to convict all the three appellants and sentenced them as follows:

(2.) The complainant Chabirani Guria addressed a letter to the Officer-in- charge, Chandipur Police Station, Math Chandipur, Purba Medinipur to the effect that her husband Daya Sindhu Guria had been oppressing her for almost ten years. She is 100% blind but before her marriage she was not blind and the same happened after birth of her four daughters when she became blind due to persecution by her husband and lack of proper treatment. Her husband married second time without informing her and when she protested he began to torment extremely and attempted to kill her by strangling twice. As she was blind there were attempts by him to grab her property forcefully with her left hand thumb impression. Her father had a property in Chandipur market measuring two decimal of plot which was given to her at the time of her marriage by her father. Her husband donated/gifted such property to the son of his second wife with a gift deed without informing her in the year 2016. The present value of the plot with the three storied building would be Rupees one crore. Her three daughters are married however her second daughter is visually disabled and till now she is unmarried. Her father did not arrange for her marriage. Her husband only gave marriage to the son of his second wife namely Buddhadeb Guria. Her second daughter was not in the house and at that time, at the adjacent switch board, there was a cloth on the rope and when she went to take the cloth and touched the holder of the bulb she fainted. Thereafter she did not know anything and after gaining her senses she noticed that she had been admitted to Erashal Block Health Centre. Her husband did not inform her daughters till then as this was a plan to kill her. She was admitted at bed no. 119 of the health centre. She alleges that although the main accused of the whole incident is her husband namely Daya Sindhu Guria but such plan was designed by the brother of his second wife and the son of his second wife namely Buddhadeb Guria. She requested the police authorities to take action against the accused persons.

(3.) On the basis of such complaint Chandipur PS case no.35/18 dtd. 26/2/2018 was registered for investigation under Sec. 498A/324/307/34 of the Indian Penal Code. The Investigating Agency on completion of investigation submitted charge-sheet dtd. 30/4/2018 under the same Ss. against the accused persons namely, Daya Sindhu Guria, Sudhangshu Sekhar Jana and Buddhadeb Guria. The case was thereafter committed to the Court of Sessions and was later transferred to the learned Trial Court. Consequently charges were framed against the accused persons under Sec. 498A/324/307/34 of IPC. The charges were read over and explained to the accused persons in Bengali to which they pleaded not guilty and claimed to be tried.