SAMPA RANI SEN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The revisional application has been preferred against the judgement and order dated 13.2.2006 passed by the learned Additional Sessions Judge, 3rd Court, Burdwan in Sessions Case No.113 of 2005 wherein the learned Trial Court was pleased to acquit the accused persons from the charges under section 498A/ 307/34 of the Indian Penal Code.

(2.) The prosecution case in short is that the de-facto complainant, Sampa Sen was married to the accused Sisir Sen according to Hindu Rites and Customs and in the said marriage the father of the de-facto complainant gave a sum of Rs.60,000/- in cash, 5 tollahs of gold ornaments, utensils and other articles, although the accused persons demanded a sum of Rs.10,00,00/- and 10 tollahs of gold ornaments. After marriage the de-facto complainant began to lead conjugal life with the accused Sisir Sen but the accused persons namely Sisir Sen and his brothers Asit Sen and Amit Sen, his mother Tulsi Sen and his sisters Mamta Sen and Sabita Sen continued demanding rest of the cash money and gold ornaments. De-facto complainant and his family could not satisfy such demand and as a consequence the accused persons began to torture upon the de-facto complainant in various ways. On 4.9.2003 the mother-in-law and sisters-in-law of the de-facto complainant dragged her away in a room and the husband and his two brothers brought a straw cutting banti in order to murder her. Accused Sisir Sen gave blow on the head of the de-facto complainant with the banti, causing fracture and bleeding injury. Thereafter hearing alarm the villagers came and rescued the de-facto complainant and shifted her to Burdwan Medical College and Hospital for treatment. She was under treatment for 5 days and was bed ridden for one month.

(3.) However police did not start any case and as such the de-facto complainant filed a petition of complaint under section 156(3) of the Code of Criminal Procedure when the learned Magistrate was pleased to send the same for investigation to the local police station treating the same as F.I.R.