HARIPADA PARUI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE appeal is directed against judgment and order dated 22nd/23rd December, 2009 passed by Ld. Additional Sessions Judge, Fast Track Court -11, Uluberia, Howrah convicting the appellants for commission of offence punishable under Section 304B/498A/34 of the Indian Penal Code and sentencing appellant no.1 to suffer rigorous imprisonment for 7 years for the offence punishable under Section 304B/34 of the Indian Penal Code and to suffer rigorous imprisonment for 2 years and to pay a fine of a sum of Rs.500/ -in default to suffer simple imprisonment of 1 month under Section 498A/34 of the Indian Penal Code and other appellants to suffer rigorous imprisonment for 5 years for the offence punishable under Section 304B/34 of the Indian Penal Code and to suffer rigorous imprisonment for 2 years and to pay a fine of Rs.500/ -in default to suffer simple imprisonment for 1 month for the offence punishable under Section 498A/34 of the Indian Penal Code, both the sentences to run concurrently.

(2.) THE case, being a sessions triable one, was committed to the Court of the Additional Sessions Judge, Uluberia, Howrah and transferred to the Court of the Additional Sessions Judge, First Track Court -11 Uluberia, Howrah for trial and disposal. Charges were framed under Section498A/304B/34 of the Indian Penal Code against the appellants. The appellants pleaded ''not guilty '' and claimed to be tried. In the course of trial, prosecution examined as many as 13 witnesses and exhibited a number of documents. The defence of the appellants was one of innocence and false implication. It was the specific defence of the appellants that victim was suffering from depression due to various ailments like asthma and gynaecological problems and resultantly she committed suicide. Defence examined 6 witnesses including appellant no.1 and exhibited a prescription of one Dipak Guria, exhibit A in support of its plea.

(3.) IN conclusion of trial, the trial Court by judgment and order dated 22nd/23rd December, 2009 convicted the appellants for commission of offence punishable under section 304B/498A/34 of Indian Penal Code and sentenced appellant no.1 to suffer rigorous imprisonment for 7 years for the offence punishable under Section 304B/34 of the Indian Penal Code and to suffer rigorous imprisonment of 2 years and to pay a fine of sum of Rs.500/ -in default to suffer simple imprisonment of 1 month under section 498A/34 of the Indian Penal Code and other appellants to suffer rigorous imprisonment for 5 years for the offence punishable under Section 304B/34 of the Indian Penal Code and to suffer rigorous imprisonment for 2 years and to pay a fine of Rs.500/ -, in default, to suffer simple imprisonment for 1 month for the offence punishable under Section 498A/34 of the Indian Penal Code, both the sentences to run concurrently.