SUNITI BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal has been filed against a judgment and order dated 18th September, 2008, passed by the Additional Sessions Judge, Fast Track Court-I, Krishnanagar, Nadia in sessions Trial No.61(2) of 2007. The appellant has been convicted under Section 306 of the Indian Penal Code and was sentenced to suffer 5 years imprisonment and was fined Rs.1000/-.

(2.) The facts of the case found by the Court below are inter alia, that on Sunday 24th of December, 2006 at about 9.30 A.M. the victim Siuli Dutta aged 13 years had committed suicide by hanging herself in her room in her house. The appellant resides one house after that of the residence of the victim. The F.I.R. was, however, registered 4 days later on the 28th December, 2006 on a complaint filed by the brother of the deceased, Sushil Dutta.

(3.) An inquest was conducted under Section 174 of the Cr.P.C. by the PW No.4 on 24th of December, 2006. The postmortem report indicated that the death was due to asphyxia by hanging that was ante mortem and suicidal in nature.