LAWS(CAL)-2018-1-110

RAJU BAYEN Vs. STATE OF WEST BENGAL

Decided On January 18, 2018
Raju Bayen Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The appeal is directed against the judgement and order dated 29th June, 2011 passed by the learned Assistant Sessions Judge, Bishnupur in Sessions Case No. 4 (5) 07 [Sessions Trial No. 1 (10) 07] convicting the appellant for commission of offence punishable under Sections 498A/306 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for two years and to pay fine of Rs.2,000/-, in default, to suffer further simple imprisonment for two months for the offence punishable under Section 498A IPC and to suffer rigorous imprisonment for eight years and to pay fine of Rs.5,000/-, in default, to suffer further simple imprisonment for five months for the offence punishable under Section 306 IPC, both the sentences to run concurrently.

(2.) The prosecution case as alleged against the appellant and other accused persons is to the effect that the victim, Bilasi Bayen was married to the appellant on 22nd Magh, 1408 B.S. as per Hindu rites and customs. From the wedlock Bilasi gave birth to a son and daughter. After the marriage, she was subjected to mental and physical torture by the appellant, her father-in-law, Ananda Bayen, mother-in-law, Chhabi Bayen and brotherin-law, Mrityunjoy Bayen. Bilasi silently bore such torture expecting that things would improve in future. On several occasions her parents intervened in the matter and requested the accused persons not to torture her but they paid no heed. On 17th January, 2007 unable to bear the torture she consumed poison at her matrimonial home and died at Arambagh Hospital. On the next day, Narayan Dhak (PW1) lodged complaint against the appellant and other accused persons being Kotulpur Police Station Case No. 10/07 dated 18th January, 2007 under Sections 498A/306/34 IPC. In conclusion of investigation, charge-sheet was filed against the appellant and three other accused persons. The case being a sessions triable one was committed to the Court of Sessions and transferred to the Court of the Assistant Sessions Judge, Bishnupur for trial and disposal. Charges were framed under Sections 498A/306/34 IPC. The appellant and other accused persons pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined 19 witnesses and exhibited a number of documents. The defence of the accused persons was one of innocence and false implication. It was the specific plea of the accused persons that there was jealousy between victim-Bilasi and her sister namely, Babita Bayen (PW13), who were married into the same family and over such domestic dispute, the victim committed suicide. In conclusion of trial, the trial Judge by the impugned judgement and order dated 29th June, 2011 convicted and sentenced the appellant, as aforesaid. However, by the selfsame judgement and order, the other accused persons were acquitted of the charges levelled against them.

(3.) At the time of admission of appeal, rule for enhancement of sentence imposed on the appellant was issued. Hence, the appeal along with the rule are heard together.