NIREN ADHIKARI Vs. STATE OF WESTBENGAL

JUDGEMENT

(1.) This is an appeal against the conviction of the appellant for offence under Sections 306,I.P.C. and 498A of the I.P.C. On the first count the accused-appellant was convicted to undergo rigorous imprisonment for ten years and on the second count he was convicted rigorous imprisonment for three years along with fine.

(2.) The prosecution case was that Nepti, the unfortunate girl, who died, was married to the appellant, Niren Adhikari, and she committed suicide in her own marital house nearly one year and six months after her marriage by hanging himself. The prosecution case further was that Nepti, who was an orphan girl and grew up in her maternal uncle's house, even she used to tell her maternal uncle, her cousins and other relations like uncle, etc., that she used to be ill- treated by her husband as well as her father-in-law. Eventually, Dekeya Adbikary, who was also an accused, has been acquitted by the trial Court and since there is no appeal against the acquittal of accused-appellant, we are not concerned with accused Dakeya.

(3.) Be that as it may, the unfortunate lady complained that she used to be beaten by her husband who refused to cohabit with her. Thereafter, on the fateful night her body was found hanging dead in her bedroom. Investigation was made and the investigating officer arranged for postmortem of her body where it was confirmed that she died due to hanging. The investigating officer collected statements of various witnesses from the village at Kowagab and other village Dhoulaguri where maternal uncle and other relations lived. At the trial, the prosecution examined as many as eleven witnesses. The defence of the accused was of denial. He claimed that he did not compel the unfortunate girl to commit suicide by hanging as such.