MIRA RANI BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Mr. A. Auddy, learned Counsel appears for the appellants in Criminal Appeal No. 44 of 1996 and Criminal Appeal No. 72 of 1996. Both the appeals are taken up together for hearing analogously as they relate to the self-same judgement and order of conviction dated 24th January, 1996 passed by learned Additional Sessions Judge, 2nd Court, Birbhum in connection with Sessions Trial No. 1st May of 1994 arising out of Sessions Case No. 38 of 1992 convicting the appellant Goutam Roy for commission of offence punishable under sections 306 and 498A of the Indian Penal Code and appellant Mira Rani Biswas for commission of offence punishable under section 306 of the Indian Penal Code.

(2.) Prosecution case as levelled against the appellants is that on 1st April, 1991 at around 9 P.M. there was a quarrel amongst the victim Smt. Nibedita Roy, the accused Sri Goutam Roy and his mother i.e. the mother-in-law of Nibedita Roy. After such occurrences Goutam Roy went to perform his night duty. Smt. Nibedita Roy went inside the room and hang herself by neck. Police intervened and started U. D. Case being No. 85/91 dated 1st April, 1991.

(3.) On 2nd April, 1991 at about 16:30 hours one Benimadhab Mukherjee appeared at Suri Police Station and submitted a written complaint to the effect that his sister Nivedita was given in marriage to one Goutam Roy of Suri Seherapara locality. Sometimes after marriage it was disclosed that the said Goutam Roy had illicit relation with one Mira Biswas, a neighbour to them. Even after marriage with Nivedita, Goutam continued to keep illicit relation with Mira Biswas and when Nivedita raised objection accused Goutam physically assaulted her on several occasion and began to inflict mental torture upon her. Even after the intervention of neighbours and relatives, they failed to bring the said Goutam back. The complainant complained that Nivedita was murdered by her husband and hanged by her husband, mother in law and the paramour Mira Biswas. Both the U. D. Case being No. 85/91 dated 1st April, 1991 and the complaint case was taken up for investigation. During investigation, the involvement of all the accused persons was fully disclosed and finally police submitted charge sheet against the three accused persons under sections 306 and 498A of the Indian Penal Code. The case being a Sessions triable one was committed to the court of Sessions and transferred to the court of Additional Sessions Judge for trial and disposal. The charges were framed under sections 498A and 306 of the Indian Penal Code against all the three accused persons. The accused persons pleaded not guilty and claimed for trial.