SAMIR KUMAR PAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgement and order dated 21/22nd January, 2004 passed by Learned Additional Sessions Judge, Fast Track,1st Court, Raiganj, Uttar Dinajpur in Sessions Case No. 56/2002(in Sessions Trial No. 12/2003) convicting the appellant for commission of offence punishable under section 498A and section 306 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for seven years and pay a fine of Rs. 2,000/- (Rupees Two Thousand), in default suffer simple imprisonment for six months for the offence punishable under section 306 of the Indian Penal Code, no separate sentence wasimposed in respect of the offence punishable under section498A of the Indian Penal Code.

(2.) The prosecution case, as alleged, against the appellant is to the effect that deceased Jhuma Pal was married to the appellant according to the Hindu Rites and Customs on 4th December, 1997. After marriage, Jhuma went to her matrimonial home at Village Mahasunda, Durgapur and resided with the appellant as husband and wife. Jhuma was subjected to physical assault by the appellant in an inebriated state. After some days, the appellant and her mother Madhabi Lata Pal sent her to her parental place by assaulting her on demands of dowry. Jhuma disclosed such facts of torture by the accused persons at her parental home and informed them that the accused persons would not allow her to stay at the matrimonial home until and unless she brought money and other articles from her parental house. Few days prior to the incident, the accused persons assaulted Jhuma and sent her to her father's house. In order to placate them, Samir Chowdhury, elder brother of Jhuma, went to her matrimonial home and gave some money and a ceiling fan. On the previous day of the occurrence, Madhabi Lata, the mother-in-law of Jhuma, came to the parental house of Jhuma to spend the night. On the next morning, at about 10.30 a.m. two friends of the appellant came to the house of Samir Chowdhury and informed him that the appellant had fractured her leg. Samir and mother-in-law of Jhuma came to her matrimonial house and found that Jhuma was lying dead at thematrimonial home. She had committed suicide by hanging due to torture of the accused persons. Samir Chowdhury lodged written complaint with Itahar Police Station resulting in the registration of Itahar P.S. Case No. 77/98 dated 06.04.1998 under section 498A and section 306 of the Indian Penal Code. It is pertinent to mention here that prior to the registration of the aforesaid criminal case, on the intimation of one N. Das, the maternal uncle of the appellant, UD case No. 7/98 dated 06.04.1998 was registered for enquiry into the suicidal death of Jhuma. In conclusion of investigation of the case, charge sheet was filed against the appellant and Madhabi Lata Pal, mother-in-law of the deceased, under section 498A and section 306 of the Indian Penal Code. The case, being a sessions triable one, was committed to the Court of Sessions, Uttar Dinajpur and transferred to the Court of learned Additional Sessions Judge, Fast Track, First Court, Raigunj, Uttar Dinajpur for trial and disposal.

(3.) The defence of the appellant was innocence and false implication. It was suggested that as defacto complainant Samir Chowdhury, the P.W. 1 had quarrelled with the victim on the day prior to the incident in an intoxicated condition. Hence, the victim had committed suicide.