GOPAL SANTRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application has been preferred by the petitioner, Gopal Santra challenging the judgment and order dated 31.01.2001 passed by the learned Sessions Judge, Hooghly in Criminal Appeal No. 32/2000 affirming the order of conviction dated 15.11.2000 of the petitioner for the charge under Section 498A of the Indian Penal Code whereby the petitioner was sentenced by the Judicial Magistrate, 5th Court, Hooghly in G.R.Case No. 413 of 1993 (T.R.No.202/1994) to undergo one year simple imprisonment and fine of Rs.500/- in default simple further imprisonment for 30 days for the said charge under Section 498A of the Indian Penal Code whereas other accused person viz. Kanak Ghose was found not guilty and was acquitted from the charge.

(2.) Prosecution case leading to this revisional application is that the informant, Mamata Santra was married with the accused Gopal Santra, the petitioner herein, on 25.11.1987 according to Hindu religion, ceremonies and rites and she started living with her husband in her matrimonial home.

(3.) The moot allegation is that the accused persons being the husband, the present petitioner and other in-laws started torturing her for bringing a sum of Rs. 10,000/- from her father and elder brother and on refusal to such demand the accused persons jointly tortured her by refusing to provide her food and compelled her to work day-night. A daughter was born out of their wedlock on 10.02.1989 and the accused persons tortured the baby by not giving milk and medical treatment. In December, 1990 accused persons abused her with filthy language and drove her away from her matrimonial home by assaulting her in order to give again marriage of Gopal. On 22.12.1991 by the intervention of local Gram Panchayet the matter was settled and she came back to her husband's house but again on 04.11.1992 the accused persons including the petitioner drove her out from the house by taking all the ornaments along with her daughter. Later on the brotherin-law of the informant approached her in laws house to adopt her sister-in-law but the accused persons refused to accept her and threatened to kill her if she would enter their house. Accordingly being compelled by such situation the defacto complainant filed a petition under Section 156(3) of the Code of Criminal Procedure.