SHYAMA DEVI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Criminal Appeal No. 183 of 1983 and Criminal Revision No. 2079 of 1983 have been preferred in respect of the selfsame judgment delivered by Shri B. P. Bose, the learned Judge, 10th Bench, City Sessions Court, Calcutta, in Sessions Trial No. 1 of May, 1983. The appellant Shyama Devi and her son, the opposite party, Bijay stood their trial before the learned Judge u/s 306 of the I.P.C. The learned Judge has convicted the appellant in the criminal appeal and acquitted the opposite party in criminal revision. Hence, the appeal from the side of the convicted mother and the Revisional Application from the side of the de facto complainant Smt. Usha Gupta against the acquitted son. The facts of the case leading to the present Appeal and Revision may be summarised as follows : -

(2.) Admittedly Rina, the youngest daughter of Gauri Shankar and Usha Gupta (P.W. 3 and the petitioner in the Criminal Revision) of Salkia, Howrah was married to Bijay, son of Babulal Gupta and Shyama Devi (accused appellant) of Hanspukuria Lane under Police Station-Burrabazar on 31-1-81. It is not disputed that after her marriage Rina started living with her husband at her father-in-law's place. It is also admitted that Usha and Mira Gupta went there on 15-7-81 when it was decided that Rina would go back to her father's place on 17-7-81 for spending there two months as per custom and that she committed suicide by hanging at her father-in-law's place in the afternoon of 16-7-81. On FIR (Ext.6) lodged by Usha Devi (P.W. 3) that very day alleging that tortures mounted by Shyama Devi and Bijay on Rina on her parents' inability to pay a sum of Rs. 20,000/- and give a two-in-one tape-recorder on their demand led her to commit suicide, a case was started by the police against both of them and both were arrested.

(3.) Before the learned Judge both Bijay and Shyama Devi stood charged u/s 306 IPC for abetting Rina to commit suicide by torturing her physically and/or mentally.