SOMENATH JANA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Both these appeals arise from the same order and are taken up for hearing in terms of the earlier orders passed by this Hon'ble Court. These appeals are directed against the judgment and order dated 20 July, 2013 passed by the Learned Additional Sessions Judge, Second Court, Barasat, North 24 Parganas in Sessions Trial No.05(07)/2011 arising out of Sessions Case No.07(01)/2011. In CRA 608 of 2013, the appeal is preferred against the conviction of the appellant husband, Somenath Jana under Section 498A/304B of the Indian Penal Code. The connected appeal being CRA No.765 of 2013 has been preferred against the same judgment and order insofar as it acquits the other accused persons i.e. the in-laws of the deceased daughter-in-law.

(2.) By the impugned order the appellant husband has been convicted of offences punishable under Sections 498A and 304B of the Indian Penal Code and has been directed to undergo rigorous imprisonment for 3 years for the offence under Section 498A and to pay a fine of Rs.2000/-, in default of payment of fine to suffer rigorous imprisonment for 3 months. The appellant husband has also been sentenced to rigorous imprisonment for 7 years and has been directed to pay a fine of Rs.5000/-, in default to suffer further rigorous imprisonment for 6 months of the offence punishable under Section 304B Indian Penal Code. Both the sentences have been directed to run concurrently.

(3.) Shorn of details, the case of the prosecution against the appellant husband and the other accused persons being his parents Namita Jana and Kanailal Jana i.e. mother-in-law and father-in-law of the deceased respectively is to the effect that the appellant husband was married to one Minakshi and she was subjected to cruelty and dowry demand by her husband and her in-laws. It is alleged that as a result of torture she died and her death was caused by hanging amounting to dowry death for which all three accused persons have been charged under Section 498A and 304B of the Indian Penal Code (IPC).