BAIDYANATH DAS @ BEDI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal arose out of judgment and order of conviction dated 28.03.2003 passed by learned Additional District and Sessions Judge, Fast Track, First Court, Suri, Birbhum, Rampurhat in Sessions Trial No. 2 October 2002 and Sessions Case No. 102 of 2002, thereby convicting the appellant for commission of offence under Section 498A/306/34 of the Indian Penal Code and sentencing them accordingly.

(2.) THE background of this appeal, in a nutshell is as follows : One Smt. Jharna Byen, the daughter of the defecto complainant of this case, Shri Montu Bayen was married about six years back to Dilip Bayen of Deucha according to Hindu rites and Customs. First two years they passed well in her matrimonial home. Thereafter her husband, her father -in -law, namely, Bodi Bayen and mother -in -law Felu Bayen started torturing her in various ways both physically and mentally. Whenever Jharna used to visit her father's house, she disclosed about the factum of torture and ill treatment meted to her. Her parents still sent her back to the matrimonial home with a hope of her better future and happiness. She disclosed that the members of her in -laws house will not allow her to survive. On 30.7.1999, at 5 p.m. one Sasti Das of Village Deucha informed the defecto complainant that on that date during noon Jharna met with an unnatural death at her in -laws house by means of rope. She was compelled to commit such act because of her failure to tolerate continuous torture and ill treatment caused to her by the members of in -laws place.

(3.) THE case was committed to the learned Court of Sessions by the learned Magistrate.