RANJAN DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is preferred against the impugned judgment of conviction and order of sentence dtd. 31/07/2019 passed by the Additional Sessions Judge, Tufangunj, Cooch Behar in Sessions Case No. 15 of 2017, corresponding to Sessions Trial No.11 (5) of 2017 whereby the Appellant was convicted under Sec. 498A of the Indian Penal Code and sentenced to suffer simple imprisonment for six months as well as fine of Rs.10,000.00 in default to suffer simple imprisonment of one month. The Appellant was also convicted under Sec. 323 of the Indian Penal Code and was directed to pay fine of Rs.1000.00 in default to suffer simple imprisonment for one month.

(2.) Wife of the Appellant being the de-facto complainant lodged complaint in Boxirhat Police Station on 31/05/2016 alleging demand of dowry, torture and attempt to murder against her husband, the present Appellant and the mother-in- law. The written complaint was received and registered as Boxirhat P.S. Case No. 125/2016 under Ss. 498A/307 of the Indian Penal Code. Investigation was initiated after completion of which charge sheet was filed under Ss. 498A/307 of the Indian Penal Code. The case was triable by the Court of Sessions. After commitment charges were framed under Ss. 498A/323/324/307/34. Charges were read over and explained to the accused persons to which they pleaded not guilty and claimed to be tried. Hence the trial began.

(3.) In course of the trial prosecution examined seventeen witnesses and produced various documents which were marked and exhibited. No defense witness was produced.