SALMAN SAHANI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal arose out of a judgement of conviction dated 15th February, 2016 and order of sentence dated 16th February, 2016 passed by the learned Additional District & Sessions Judge, 2nd Court, Arambagh in Session Trial No. 46 of 2016 arising out of Arambagh P.S. Case No. 729 of 2013 dated 10th November, 2013 convicting the accused/appellant under Section 306/498A of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for five years for the offence under Section 306 of the Indian Penal Code and to pay a fine of Rs. 5,000/-; in default to suffer rigorous imprisonment for three months and also sentencing him to suffer rigorous imprisonment for two years for the offence under Section 498A of the Indian Penal Code and to pay a fine of Rs. 1,000/-, in default to suffer rigorous imprisonment for one month and both the sentences under Sections 306 and 498A of the Indian Penal Code were directed to run consecutively.

(2.) The prosecution case in brief is that one Swapan Dolui, father of the victim lodged a written complaint on 10th November, 2013 before the I.C., Arambagh Police Station alleging that his daughter Soma Sahani was married to the accused Salman Sahani as per Hindu rites and custom about 11 years ago. After marriage Soma resided in her matrimonial home. Initially she was treated well by her husband and in-laws but subsequently, she was subjected to physical and mental torture by the accused person over petty family matters. In her wedlock with the accused Soma gave birth to one daughter and two sons. The further allegation was that the accused used to put pressure upon Soma to bring money from her father. The complainant fulfilled the demand of the accused as far as possible but the accused used to put pressure upon Soma to bring money from her father. Since soma refused to ask her father for further money, the accused person increased torture upon her. The accused person used to come home every night in intoxicated condition and assault Soma. Ultimately, being unable to bear the torture of the accused person, Soma attempted to commit suicide on 9th November, 2013 at 9.30 p.m. by pouring kerosene oil on her body and set it on fire.

(3.) On the basis of the written complaint, a criminal case, being Arambagh P.S. Case no. 729 of 2013 dated 10th November, 2013 under Section 498A of the Indian Penal Code was started against the accused. Thereafter, on 29th November, 2013 Soma expired in Arambagh S.D. Hospital. Investigation was started and after completion of investigation, charge sheet was submitted under Sections 498A/306 of the Indian Penal Code against the accused person. On 8th July, 2014 the learned Additional Chief Judicial Magistrate, Arambagh committed the case to the court of the learned Additional Sessions Judge, Arambagh, Hooghly and on 29th August, 2014 charges were framed under Sections 498A/306 of the Indian Penal Code against the accused and the content of the said charge was read over and explained to the accused/appellant, who pleaded not guilty and claimed to be tried.