NIHARBALA BANERJEE Vs. STATE

JUDGEMENT

(1.) Smt. Niharbala Banerjee and her son Tapan Kumar Banerjee - the two appellants before us were convicted under Section 306, Indian Penal Code for abetment to suicide committed by Sikha Banerjee, wife of Tapan Banerjee, by a learned Additional Sessions Judge, Alipore. For such conviction appellant No. 1 Smt. Niharbala Banerjee was sentenced to suffer simple imprisonment for 5 years and to pay a One of Rs. 1,000 in default, to suffer simple imprisonment for 1 year more and appellant No. 2 Tapan Kumar Banerjee was sentenced to suffer rigorous imprisonment for 8 years and to pay a fine of Rs. 1,000 in default, to suffer rigorous imprisonment for 1 year more. The appellants seek to assail the said Order of conviction and sentence in this appeal.

(2.) Briefly stated, the prosecution case is as under: Sikha Kundu, daughter of Renuka Kundu (PW1), resident of 87 Gourbabu Road, Kanchrapara was married to accused-appellant Tapan Kumar Banerjee of 28, Spolding Road, Kanchrapara within Police Station Bijpur, in the District of 24-Parganas (N). Before marriage Sikha (the deceased) and her mother had been working as maid servants in the house of Tapan Banerjee. Tapan and Sikha fell in love with each other and they got married without consent of their parents about 3 years before the occurrence. After marriage they started living somewhere at Halisahar and thereafter they came to live in the house of Tapan's father at 28 Spolding Road, Kanchrapara.

(3.) Since marriage Sikha had been subjected to systematic ill treatment and torture at her matrimonial home by her husband Tapan, mother-in-law Niharbala, brothers-in-law Swapan and Ashoka and others. As Sikha was daughter of a maid-servant and belonged to an interior caste, she was insulted and made to suffer indignities. She was physically assaulted and was even driven out of her matrimonial home on a number of occasions. Sometime after the birth of her child she was driven away from her matrimonial home and was not allowed to take her suckling child with her. She had to have recourse to law for taking out a search warrant for the recovery of the child. After the child was recovered Sikha and Tapan came to a compromise and Sikha was taken to her husband's house sometime in May, 1983. Sikha committed suicide by setting fire to her body on 15.6.83 as she could no longer bear the ill treatment and torture.