RAKHI BHATTACHARJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order dated 19. 5. 1997 passed by the learned Additional Sessions Judge, First court, Hooghly in Sessions Trial Case No. 126 of 1993 whereby the appellants were held guilty for the offence under Section 306 of the Indian penal Code and they were sentenced to suffer R. I. for three years each and to pay fine of Rs. 1,000/- each in default to suffer further R. I. for four months each.

(2.) THE fact leading to the filing of the criminal case is that on 16. 12. 1990 one Debaprasad Bhattacharjee lodged a written complaint with the Serarnpore P. S. against the accused persons stating therein that his son Jayanta Bhattacharjee was married with accused Rakhi Bhattacharjee in the year 1989. It is stated therein that since the marriage accused Rakhi bhattacharjee and the other accused persons, being her parents used to misbehave with Jayanta and they used to torture him both physically as well as mentally. Series of troubles took place amongst the couple and the matrimonial relationship was very bitter. It is stated in the written complaint that on 15. 12. 1990 at about 7 p. m. accused Rakhi along with her father came to the house of Jayanta and quarreled with him. At that time, Rakhi threatened Jayanta. The de facto complainant was not present in the house at that time as he went to attend a marriage ceremony. After his return, the de facto complainant found that the body of Jayanta was hanging from a ceiling fan of the room. A suicidal note was recovered from the pocket of Jayanta wherein he clearly mentioned that his wife and his parents in law were responsible for his death.

(3.) ON the basis of such F. I. R a case was started under Section 306 of Indian Penal Code and after completion of the investigation charge-sheet was submitted against all the three accused persons for the said offence. During trial, charge under Section 306 of Indian Penal Code was framed against the accused persons who pleaded not guilty to the charge and claimed to be tried. In order to prove its case, prosecution has examined 25 witnesses. Accused persons have not examined any person in their defence. The defence case as it appears from the trend of cross-examination as well as from the statements as made under Section 313 cr. P. C. is that of innocence and denial.