PRADIP KR ADAK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal by the convict Pradip Kumar Adak and Jaydeb Adak is directed against the judgement and order of conviction dated 31.3.98 and sentence imposed on 1.4.98 by the learned Additional Sessions Judge, Hooghly in Sessions Trial No. 191 of 1995 arising out of G. R. Case No. 643 of 1993 (T. R. 117A/95) in connection with Chanditala P.S. Case No. 71/93 dated 23.7.93. By the said judgement the learned Additional Sessions Judge found both the convicts guilty under sections 498A/34 and 304B/34 of IPC, convicted them thereunder and sentenced each of them to R.I. for ten years under section 304B read with section 34 IPC and to pay a fine of Rs. 10,000/- i.d. to further R.I. for six months. However, no separate sentence was imposed under section 498A/34 IPC.

(2.) The prosecution case in brief is that one Raj Kumar Das filed a written complaint before the Officer-in-Charge of Chanditala P.S. alleging that his daughter Bandana aged about 17 years had fallen in love with the appellant Pradip Kumar Adak and about one year ago she fled with Pradip Kumar Adak. After sometime Pradip Kumar Adak married Bandana and took her to his house, but in the matrimonial home regular torture was inflicted oh her by Pradip Kumar Adak and his father Jaydeb Adak and mother Tarulata Adak (since deceased) for extorting money from her. The victim Bandana conveyed this practice by sending letter to parents and ultimately through intervention of local people the matter was settled and Rs. 15,000/- in cash, gold ornaments weighing about four Bharis and one ring were given. But they again started torturing the victim and as a result of which she committed suicide by taking poison.

(3.) On the basis of the written complaint formal FIR was drawn up and the case was taken up for investigation. In course of investigation three letters written by the victim Bandana to her parents were seized and the witnesses were examined. Post-mortem was also done and after collection of the materials a chargesheet was submitted on 23.5.94 against Pradip Kumar Adak and his parents. i.e. Jaydeb Adak and Tarulata Adak. The case was subsequently committed to the Court of Sessions on 18.8.95.