NARAYAN PALMAL Vs. STATE

JUDGEMENT

(1.) NARAYAN Palmal and Urmila Palmal being convicted under Section 498a/306 of the Indian Penal Code and sentenced to suffer R. I. for 10 (ten) years each and to pay fine of Rs. 5,000/- each in default to two years R. I. and for not separate sentence for the offence under Section 498a I. P. C. by the Learned Additional Sessions Judge, 4th Court, Midnapur in Sessions Trial Case No. 1 of October, 1988 arising out of G. R. Case No. 931 of 1983 preferred this appeal challenging the order of conviction and sentence.

(2.) THE prosecution case, in brief, was that Sabitri Palmal was married with accused Narayan Palmal about 14 years ago. After marriage Sabitri lived with her husband in his house. About 6 (six) months after the marriage, the trouble started. Accused Narayan and his mother Urmila used to torture upon Sabitri for nonpayment of insufficient dowry. Unable to bear the inhuman torture by the accused persons, Sabitri died hanging on 18. 05. 1985 corresponding to 4th Jaistha 1392 B. S. Subas Mallick (P. W. 1), the brother of Sabitri lodged a written complaint (Ext. 1) at debra P. S. on 18. 05. 1985. On the basis of the written complaint, Debra P. S. Case no. 6 dated 25. 05. 1985 was started against the accused. The G. D. entry No. 641 dated 18. 05. 1985 (Ext. 2) was noted on the basis of the initial information. Mr. S. Roy chowdhury (P. W. 14) partly investigated this case and during his investigation, the inquest and the post-mortem were done. As per order of the S. P. , Midnapur, Mr.

(3.) P. K. Mukherjee (P. W. 15) after taking the charge of the investigation completed the investigation and submitted the charge sheet against the accused. Learned Additional District and Sessions Judge 4th Court, Midnapur on perusal of necessary papers placed before him and after hearing both the prosecution and the accused, framed charge under Section 498a/306 I. P. C. against the accused Narayan palmal and Urmila Palmal who pleaded innocence and claimed to be tried.