ARUN GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal arose out of a judgement and order dated 18th June, 2012 passed by the learned Additional Sessions Judge, 3rd Court, Bankura in Session Case no. 06(06)/2004 and Sessions Trial no. 01(12)/2004 convicting the appellant under Section 498A and 306 altered from charge under Section 304B of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for two years and to pay a fine of Rs. 2,000/-; in default to suffer simple imprisonment for three months for the offence punishable under Section 498A of the Indian Penal Code and also sentencing him to suffer rigorous imprisonment for five years and to pay a fine of Rs. 5000/-, in default to suffer simple imprisonment for six months for the offence punishable under Section 306 altered from charge under Section 304B of the Indian Penal Code and both the sentences were directed to run concurrently.

(2.) The prosecution case in brief is that on 14th November, 2001 one Astik Mondal, son of L. Budhan Modal of village Banjora, P.S. Mejhia came to the Officer-in-Charge of G. Ghati P.S. and lodged a written complaint alleging that his sister Belarani Ghosh was given marriage with Arun Ghosh of Pabradihi village on 18th Falgoon, 1405 B.S. according to Hindu rites and customs. After some days of her marriage she was physically and mentally tortured by her husband, father-in-law and mother-in-law and for that she occasionally came to his house being unable to bear such torture. The de facto complainant persuaded her and sent her to her father-in-law's house. On 13th November, 2001 at about 4 p.m. two persons namely, Bhajahari Mondal and Uttam Mondal of village Papradihi reported to him in their house that his sister was physically tortured by her husband in their presence and she had died. They saw Arun Ghosh to assault his sister while returning from the paddy field. On getting this information he and his para people visited to the house of the accused at night on that day and found his sister lying dead in the cowshed of the premises of the accused. On that night he came to the police station from the house of the accused and on the next morning he lodged a written complaint at G. Ghati P.S.

(3.) On the basis of the written complaint, a criminal case, being G. Ghati P.S. Case no. 72/2001 dated 14th November, 2001 was initiated against the accused. Investigation was started and after completion of investigation, charge sheet was submitted under Sections 498A/304B/34 of the Indian Penal Code against the accused person, who pleaded not guilty and claimed to be tried.