SURESH HAZARA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Feeling aggrieved, the appellant, the husband of the victim assails his conviction under Section 302, I.P.C. and sentence of life imprisonment with a fine of Rs. 5,000/- with default stipulation and that under Section 498-A, IPC and sentence of R. I. of two years, with fine of Rs. 2,000/- with default stipulation passed by the learned Additional Sessions Judge, 2nd Court, Nadia at Krishnagar on 29-11-2003 in Sessions Case No. 15(6) 1998/Sessions Trial Case No. III (March) 2002.

(2.) The elder brother of the victim Kalachand Mondal (P. W. 1) received at about 9 a.m. on 24-11-1997 three telephonic messages - one from an unknown person who did not disclose his identity, second from one Monoranj an Haider and third from one Amar Chakraborty to the effect that his sister Smt. Lopamudra Hazra was lying dead in the primary health center at Haringhata. On receipt of the messages he along with his family members had been to the house of the appellant which was found under lock arid key and then proceeded to the Jagulia police outpost whereat he got the information that the dead body of his sister had been sent to Ranaghat for post-mortem examination. His sister was given in marriage with the appellant on 19th November, 1992 and after marriage pressure was mounted upon her for bringing money from her father's house. Physical and mental torture was perpetrated upon her for non-payment of money. This was learnt from the neighbours of his sister as his sister did not inform him that she was being tortured. Having gone to the house of the accused all on a sudden on a certain day it was detected that his sister was subjected to assault as her body bore marks of injury. A sum of Rs. 1,00,000/- was given to the accused for purchase of the house wherein he had been residing at the material time, and besides that on different occasions the appellant was given Rs. 75,000/- in order to stop his order of transfer by way of payment of bribe to B.S.F. Officers. The money was paid as because besides the appellant there was no other person to look after his sister and she was then with a little child. On 21-11-1997 his sister came to his house with her daughter to bring money as was asked for by the appellant. Money could not be given to her since his father was medically treated at A.M.R.I., Calcutta on 7-8-1997 for installation of pacemaker. However, his sister was sent back on 23-11-1997 at 12.30 p.m. and on 24-11-1997 at 9 p.m. death news was received.

(3.) This was the FIR by P.W. 1 with the O.C. Haringhata P.S. lodged at 15.30 hours on 24-11-1997 leading to registration of Haringhata P.S. Case No. 191/97 dated 24-11-1997 under Section 498A/306 of the I.P.C. Upon completion of investigation charge sheet was submitted against the appellant under Section 498A/306/302, I.P.C.