LAXMAN BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 30.7.2015 and 31.7.2015 passed by the learned Additional District and Sessions Judge, 3rd Court, Krishnanagar, Nadia in Sessions Trial No. VIII (Ian) of 2-15 corresponding to Sessions Case No. 38 (1) of 2015 convicting the appellant for commission of offence punishable under Sections 306/498A of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for ten years and to pay fine of Rs. 5,000/- in default to suffer rigorous imprisonment for one year for commission of offence punishable under section 306 IPC and to suffer rigorous imprisonment for three years and to pay fine of Rs. 2,000/- in default to suffer rigorous imprisonment for two months more for commission of offence punishable under section 498A IPC. Both the sentences shall run concurrently

(2.) Prosecution case as alleged against the appellant is to the effect that the appellant was married to the victim Swathi. It is alleged that over an illicit affair there was quarrel between the couple. Appellant ill-treated the victim and used to assault her over the illicit relation. He also used to consume liquor and assaulted the victim. As a result on 5.8.2013 the victim committed suicide. P.W 1, Bidhan Sarkar, uncle of the victim lodged complaint at Krishnaganj P.S resulting in registration of Krishnaganj P.S case no. 235/13 dated 5.8.2013 under section 306/498A IPC. In conclusion of investigation, charge sheet was filed against the appellant and the case was committed to the court of sessions and transferred to the court of Additional Sessions Judge 3rd Court, Krishnanagar, Nadia for trial and disposal. Charges were framed under section 498A and 306 IPC. The appellant pleaded not guilty and claimed to be tried.

(3.) In the course of trial, prosecution examined 11 witnesses and exhibited a number of documents. The defence of the appellant was one of innocence and false implication. In conclusion of trial, the trial judge by judgement and order dated 30.7.2015 convicted and sentenced the appellant as aforesaid.