SRABANI SADAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and order of conviction and sentence dtd. 19/12/2022 and 20/12/2022 passed by the Learned Additional Sessions Judge, Fast Track 1st Court, Howrah in Sessions Trial No. 314 of 2017 wherein the learned trial Court was pleased to convict the all appellants under Ss. 498A/34 of the Indian Penal Code and the appellants Lakshi Mondal and Biswajit Mondal under Ss. 306/34 of the Indian Penal Code and sentence them as follows:

(2.) Domjur P.S. case no. 505/2017 dtd. 18/6/2017 was registered for investigation under Ss. 498A/302/34 of the Indian Penal Code on the basis of written information submitted by Alok Hazra (father of the deceased) with the Officer-in-Charge, Domjur Police Station. The allegations made in the written information were to the effect that on 18/11/2012, Amrita Hazra, daughter of the complainant was married to Biswajit Mondal. The marriage was solemnized according to Hindu Rites and Customs. After marriage Amrita (deceased) started leading her conjugal life with the accused Biswajit at her matrimonial home and a male child was born to the couple. The marital life of Amrita was not happy, as she used to be physically and mentally tortured by her husband and in-laws. On 17/6/2017 at about 10:00 P.M. the deceased Amrita informed her father who was at Delhi over phone about the torture being inflicted upon her. On 18/6/2017 at about 4:00 A.M. her father was informed over phone that his daughter Amrita was no more. On hearing such information, the complainant rushed back from Delhi, and as per his instructions, the written complaint was prepared and submitted with the Officer-in-Charge, Domjur Police Station. It was categorically informed in the written complaint that on 17/6/2017 from 8:30 A.M. in the morning the accused persons inflicted physical and mental torture upon the deceased and asked her to consume poison, on that day, at about 11:00 P.M. The accused persons forcibly administered poison to her, as a consequence of which, on 18/6/2017 at late night she started vomiting and became sick thereafter she was shifted to Domjur hospital, wherefrom she was referred to Medical College and Hospital, however she had been taken to one Besubon (sic) Nursing Home and then shifted to Green View Nursing Home, where she was declared dead by the doctor.

(3.) On receipt of the complaint the Officer-in-charge, Domjur Police Station was pleased to endorse the case to Priyanka Mondal (P.W.13), Sub-Inspector of Police attached to Domjur Police Station. The Investigating Officer on completion of investigation submitted charge-sheet before the learned C.J.M. Howrah. As the offences complained of in the charge-sheet were Sessions triable offences i.e. under Ss. 498A/302/34 of the Indian Penal Code, the learned C.J.M. Howrah, after compliance with the relevant provisions of law, was pleased to commit the case to the learned Sessions Judge, Howrah and finally the proceedings along with the case records were transmitted to the learned Additional Sessions Judge, Fast Track 1st Court Howrah, for trial and disposal. The learned Trial Court on 8/2/2018, was pleased to frame charges against all the four accused persons, under Ss. 498A/34 and 302/34 of the Indian Penal Code. The contents of the charges were read over to the accused persons who pleaded not guilty and claimed to be tried. Prosecution in order to prove its case relied upon 18 witnesses which included, P.W.1, Alok Hazra, complainant and father of the deceased; P.W.2, Kalyani Mondal, a neighbour of the matrimonial home; P.W.3, Krishna Mondal, a neighbour residing near the matrimonial home; P.W.4, Subrata Mondal, a neighbour residing near the matrimonial home; P.W.5, Ayush Mondal, son of the deceased; P.W.6, Priyabrata Mondal @ Ramesh, a neighbour residing near the matrimonial home of the deceased; P.W.7, Arup Halder, a driver who took the deceased to Domjur Hospital by car; P.W.8, Bandana Hazra, mother of the deceased; P.W.9, Gita Chakraborty, an acquaintance of the deceased; P.W.10, Sarbeswar Mondal, Executive Magistrate who conducted inquest; P.W.11, Amitabha Chattopadhyay, Medical Officer who prepared the post-mortem report; P.W.12, Jyotirmoy Mondal Sub-Inspector of Police who held surathal examination; P.W.13, Priyanka Mondal, Investigating Officer of the case; P.W.14, Pritamana Nanda, Judicial Magistrate who recorded statements of four witnesses under Sec. 164 Cr.P.C.; P.W.15, Soumya Chatterjee, Judicial Magistrate who recorded the statement of Ayush Mondal, son of the deceased; P.W.16, Dr. Mala Chatterjee, Medical Officer attached to Domjur Rural Hospital who initially examined and treated Amrita Mondal; P.W.17, Dr. Subha Hazra, scientific Officer who examined the sample of the viscera of the deceased; P.W.18, Dr. Amitabha Chattopadhyay, post-mortem doctor.