PARTHA PAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant was convicted against the judgment and order dated 10th February, 2010 & 15th February, 2010 passed by learned Additional Sessions Judge, Fast Track Court No. 4, Paschim Medinipur, in connection with Sessions Trial Case No. 27 of 2008, 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 seven years and to pay fine of Rs. 1,000/-, in default to suffer rigorous imprisonment for six months.

(2.) The crux of the allegations against the appellant is that on 14th August, 1999 one Badal Chandra Pal of village Banshda Paschim Medinipur gave her daughter Pushpa Pal in marriage with one Partha Pal of village Nigpapan, Paschim Medinipur. After marriage his daughter went to her matrimonial house and a son was born out of the wedlock. After the child birth, Partha Pal, the husband started doubting the character of his wife and used to assault her on regular basis. On 8th June, 2006 at 3 P.M. Badal Chandra Pal came to know that her daughter had died after consuming poison.

(3.) Ms. Rituparna Dey (Ghosh), learned Counsel argued that the evidence of prosecution witnesses does not establish cruelty on the victim housewife. Furthermore, the accused Partha Pal was not present at the place of occurrence and there is no direct evidence that the appellant had ever assaulted the victim forcing her to commit suicide. The victim committed suicide as she had an amorous relation with the cousin of the appellant and was caught red handed by the para people in a compromising situation. Accordingly, she prayed for acquittal of the appellant.