RABINDRA NATH MAITY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment and order dated 23. 12. 1989 passed by learned Additional Sessions Judge, Midnapore in sessions Trial No. XII of April, 1989, G. R. No. 300 of 1986, Tamluk, convicting the accused/appellants under Sections 498a and 306,i. P. C. and sentencing each of them to suffer R. I. for two years and to pay a fine of Rs. 1,000/- in default to suffer R. I. for six months more under Section 498a, I. P. C. and to suffer R. I, for six years and to pay a fine of Rs. 1,000/- in default to suffer R. I. for six months more under Section 306, I. P. C. with the direction that both the sentences shall run concurrently.

(2.) KHUDIRAM Khan lodged F. I. R. with the Panskura P. S. alleging that his daughter Kabita Maity was married with Rabindra Nath Maity of Kumarara village. As the informant could not deliver the dowry articles as stipulated, the husband of the victim, her mother-in-law and brother-in-law used to commit torture upon the victim physically and mentally. This was known to many persons of the village and the victim also used to disclose about the torture before them. On 22. 2. 1986 at about 6. 00 A. M. the victim committed suicide by taking poison being unable to endure the torture meted out to her by her husband, mother-in-law and brother-in-law. Upon receipt of the complaint, panskura P. S. Case No. 16 dated 22. 3. 1986 was started and after completion of investigation, charge-sheet was submitted against the husband Rabindra nath Maity and mother-in-law Gouri Maity. The charge was framed under sections 498a and 306, I. P. C. to which the appellants pleaded not guilty and claimed to be tried.

(3.) THE learned Trial Judge upon consideration of the materials on record was pleased to pass the impugned judgment of conviction and sentence holding that from the evidence on record it was clear that deceased Kabita was subjected to systematic torture and ill-treatment by the accused persons for the non-payment of dowry. The learned Judge held that the contradictions between the evidence of the P. Ws and the statement made before the I. O. were trifling in nature and could safely be ignored. It was held by the learned judge that there was no element of false implication and from the facts and circumstances of the case and materials on record it was convincingly proved that Kabita committed suicide by taking kerosene oil. The learned Judge ultimately held that Kabita was forced to commit suicide being unable to bear the cruel treatment, perpetrated on her by the accused persons by way of physical and mental torture and they abetted the commission of suicide by kabita. The learned Judge thus held both the appellants guilty under Sections 498a and 306, I. P. C. and passed the order of conviction and sentence as stated above.