SUNIL SINGHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 28-11-1997 passed by the learned Additional Sessions Judge, First Court, Bankura convicting the appellant on account of the offence under Section 302, IPC and sentencing him to suffer imprisonment for life with a fine of Rs. 1,000/- in default to suffer rigorous imprisonment for one year in Sessions Trial No. 3(12) of 1995 arising out of Sessions Case No. 13(9) of 1992.

(2.) The mother of the victim Tusurani Samanta of village Kuldangar, P.S. Bishnupur in the district of Bankura lodged an ejahar with the O.C. Bishnupur P.S. at 18-15 hours on 27-5-1991 alleging the following facts : Her daughter Parulbala who was married to the appellant in the month of Falgoon, 1390 B.S came to be subjected to physical and mental torture by the appellant, appellant's brother Ajit Singha and appellant's mother Saktibala (since deceased). Sometimes she was denied food. When her daughter would come to her house she would report to her about the torture and when she (FIR maker) would go to her daughter's-in-house she would narrate to her the incidents of torture. Considering her daughter's future conjugal life she would persuade the appellant and the members of his family to lead the family in good condition but the members of his daughter's in law's house without paying any heed to the advice of the village people used to inflict torture upon her daughter from time to time. On 25-5-1991 her daughter was physically assaulted in the morning without any cause and at 4 p.m. her daughter was compelled to take poison. The members of her daughter's-in-law's house did not take any measures for her treatment.

(3.) On the aforesaid facts Bishnupur P.S. Case No. 27 dated 27-5-1991 under Section 498-A/306, IPC was registered against the appellant, his brother Ajit Singha and mother Saktibala Singha (since deceased) and upon completion of investigation charge-sheet was submitted against the aforesaid three accused persons vide charge- sheet No. 58 dated 7-11-1991 under Sections 498-A/302/120-B of the IPC.