MANILAL CHAKRABORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Appeal is directed against judgement and order dated 29.1.2015 passed by learned Additional Sessions Judge, 5th Court, Barasat, North 24 Parganas in Sessions Trial No. 8(7) 03 (S.T. 592/14 (new)) arising out of Sessions Case No.3(11) 02 convicting the appellant for commission of offences punishable under Sections 498A/306 of the Indian Penal Code and sentencing him to suffer simple imprisonment for two years and to pay a fine of Rs.500.00, in default to suffer simple imprisonment for a further period of one month for the offence punishable under Sec. 498A of the Indian Penal Code and to suffer rigorous imprisonment for seven years and to pay a fine of Rs.5,000.00, in default to suffer rigorous imprisonment for a further period of six months for the offence punishable under Sec. 306 of the Indian Penal Code, both the sentences to run concurrently.

(2.) The prosecution case, as alleged, against the appellant is to the effect that one Iva Chakraborty, the elder sister of P.W.1/de facto complainant, Pritwish Chakraborty was married to the appellant in 1991 and in the course of her matrimonial life, she was continuously subjected to physical and mental torture. The victim narrated such incidents of torture to her brother, Pritwish as well as her other relations.

(3.) It has further been alleged that the appellant had assaulted the victim while she was pregnant and the child died in the womb. On 7.4.2002 the appellant informed the mother of the victim that her daughter had died. Accordingly, Pritwish Chakraborty and his wife went to the house of the appellant and found the door locked from inside. On opening the window, they found his sister hanging from a ceiling fan. They informed the police and police recovered the dead body of the victim, a white tool and a suicide note written by his sister. On the written complaint of Pritwish Chakraborty, first information report was registered under Sections 498A/306 of the Indian Penal Code against the appellant.