SADHAN DUTTA Vs. STATE OF W B

JUDGEMENT

(1.) In Sessions Trial No. 3 of March, 1991 corresponding to Sessions Case No. 6 of December, 1990 before the learned Sessions Judge Bankura, five persons namely Sadhan Dutta, Smt. Radharani Dutta, Nayan Dutta, Namita Dutta and Manju Dutta faced the trial under sections 498(A) and 302 of the Indian Penal Code. The learned Sessions Judge by His judgment dated 31st July, 1995 held Sadhan Dutta and Radharani Dutta guilty under sections 498(A) and 302 of the IPC and while Radharani Dutta was sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 100/- in default, rigorous imprisonment for 10 days, Sadhan Dutta was sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 500/- in default, rigorous imprisonment for one month. No separate sentence was passed as regards the offence under section 498(A) IPC against any of the convicted persons.

(2.) At the time of hearing of this appeal it has been submitted from the Bar that Radharani Dutta who was since released on bail after admission of the appeal has expired during pendency of this appeal.

(3.) The prosecution case giving birth to the Sessions Trial related to a written complaint lodged by one Subhas Chandra Sen on 28th May, 1989. Mr. Sen in his written complaint alleged that since marriage of his niece Sarbani with Sadhan Dutta, Sarbani was subjected to continuous physical torture in the hand of the inmates of the matrimonial home for pressurising said Sarbani to bring money from her parents and relatives. Mr. Sen alleged that on 27th May, 1989 Sarbani was assaulted by the members of her father-in-law's family and to save herself she came on the road and ultimately she was brought to the house of Mr. Sen in unconscious stage. Sarbani after regaining her sense informed in presence of local people that Sadhan Dutta, his mother and other members of the family tried to kill her. Sarbani under the advise of the local people on the same date submitted a written complaint before 'Bankura Mahila Samity'.