SANTOSH JAISWAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE appeal is directed against the judgment and order dated 30.8.2008 passed by the learned Additional District and Sessions Judge, 8th Fast Track Court, Bichar Bhawan, Calcutta in Sessions Case No.101 of 2006 arising out of Sessions Trial No.3 (12) of 2006 convicting the appellant for commission of offence punishable under Section 498A of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for three years and to pay fine of Rs.5,000/ - in default simple imprisonment for six months.

(2.) THE prosecution case against the appellant is as follows:

(3.) THE victim Reshma is the youngest sister of P.W.1 Anita Jaiswal. She was married to the appellant on 30.4.2002. As per customs, gold ornaments, utensils and cash of Rs.85,000/ - was given to the family of the appellant. After marriage, victim started residing at her matrimonial home with the appellant and other in laws'. Due to scarcity of space, gift items like almirah, cot and other things were kept in the house of P.W.1 which was situated near the house of the appellant. Soon after the marriage, the appellant started pressurizing the victim to obtain Rs.70,000/ - from her father. After some time, the said amount was handed over and she peacefully lived in the matrimonial home. When the victim was pregnant for six months, accused Saroj Jaiswal kicked her on the belly and the matter was reported to the Police Station. The victim was treated by a Doctor for the said incident. The victim gave birth to a male child. The appellant demanded further money and on 30.1.2006 Rs.30,000/ - was paid to the appellant by the father of the victim. On 2.2.2006, victim came to the house of P.W.1 and narrated that there was a quarrel with the appellant. On the next day, she committed suicide at her matrimonial home. On hearing the said news, P.W.1 rushed to the matrimonial home of the victim and found that the child of the victim was sitting on the varandah. On enquiry, the appellant told that the victim had died. In spite of possessing a mobile phone, appellant did not intimate P.W.1 about the death of the victim. On the information of P.W.1, Burtola Police Station Case No.15 dated 3.2.2006 under Section 498A/306/34 of the Indian Penal Code was registered against the appellant and the other in laws' viz., Indrajit Jaiswal, father -in -law of the victim and Saroj Jaiswal, mother -in -law of the victim. In conclusion of investigation, charge sheet was filed under Section 498A/304B/34 of the Indian Penal Code. The case, being a sessions triable one, was committed to the Court of Sessions and transferred to the Court of the learned Additional District and Sessions Judge, 8th Fast Track Court, Bichar Bhawan, Calcutta for trial and disposal. Charges were framed under Section 498A/304B/34 of the Indian Penal Code against the appellant and other accused persons. The appellant and other accused persons pleaded not guilty and claimed to be tried. It was the specific defence of the appellant that the victim had an illicit relation with P.W.5 and as a result thereof there was commotion at matrimonial house and she committed suicide.