JAYANTA KUAMR GUHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal at the instance of the two accused persons as appellants is directed against the judgment and order stated 22.6.1995 passed by the learned Additional Sessions Judge, 4th Court at Howrah in S. T. Case No. XVIII (January) 1991 convicting the appellant Jayanta Guha and his mother Santa Guha under Section 498A read with Section 34 I. P. C. and sentencing each of them to suffer rigorous imprisonment for two years and a fine of Rs.10,000/- in default to suffer rigorous imprisonment for six months and further convicting the appellant Jayanta Guha of the charge under Section 304B read with Section 34 I. P. C. and sentencing him to suffer rigorous imprisonment for 10 years.

(2.) At 00.45 hours on the night between 1.11.89 and 2.11.89 the father of the victim Nirmalya Ghosh lodged a written complaint with the Jagacha Police Station leading thereby registration of Jagacha P. S. Case No. 111/89 dated 2.11.89 against the two appellants under Sections 498A/304B read with Section 34 I. P. C. wherein the following facts were alleged: -

(3.) Before the learned trial Court 21 witnesses were examined on behalf of the prosecution, while three witnesses were examined by the defence and upon examination of the witnesses learned trial Court recorded the conviction and sentence under Section 498A, I. P. C. against the two appellants and under Section 304B, I.P.C. against the appellant, Jayanta Guha in addition to the charge under Section 498A, I. P. C.