SWAPAN SARKAR @ DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The two appellants have assailed the judgment and order of conviction and sentence dated 19th January, 2015 and 20th January, 2015 passed by the learned Additional Sessions Judge, Fast Track Court, Cooch Behar in Sessions Case no. 177 of 2019 [Sessions Trial No.01(07) of 2009] under Section 498A/306 of the IPC holding the appellants guilty of the charges under Section 498A/306 of the IPC thereby convicting and sentencing them to suffer simple imprisonment for 3 years and to pay fine of Rs.5,000/- each, in default to suffer further simple imprisonment for further 3 months for the offence punishable under Section 498A of the IPC and further convicted and sentenced for the charge under Section 306 of the IPC to suffer rigorous imprisonment for 7 years and to pay fine of Rs.10,000/- each, with default clause for R.I. for 6 months, inter alia, on the ground that the learned Trial Judge has not applied his mind by considering the verdict of the Hon'ble Apex Court that there should be some live link or proximate link between the act of accused and the act of committing suicide.

(2.) Brief facts leading to instant appeal is that Kotwali Police Station Case no. 689/2008 dated 15.11.2008 under Sections 498A/306 of the IPC was started against the appellants pursuant to the written complaint lodged by one Hara Kishore Sarkar, the brother of the deceased Sandhya on the allegation that on 12.11.2008 in the evening, the accused Swapan Sarkar @ Das and the accused Dipti Das (hereinafter referred to as 'the appellants') assaulted the deceased with fist, blows and kicked mercilessly which compelled her to consume poison to commit suicide. While she became seriously ill, she was shifted to Cooch Behar M.J.N. Hospital where she died in the morning of 13.11.2008. After completion of the investigation, the Investigating Officer submitted charge-sheet being C.S. No. 26/2009 dated 16.02.2009 under Sections 498A and 306 of the IPC against the appellants. After the case was committed to the Court of Sessions, learned Sessions Judge took cognizance under Section 193 of the Cr.P.C. and transferred the same to the learned Sessions Judge, 3rd FTC, Cooch Behar for trial, who undertook the trial by framing charge under Sections 498A and 306 of the IPC to which the appellants abjured their guilt and claimed to be tried.

(3.) After completion of prosecution evidence, the appellants were examined under Section 313 of the Cr.P.C. to which they declined to adduce defence evidence. The Trial Judge having considered the materials evidence on record convicted and sentenced the appellants for commission of offence under Sections 498A and 306 of the IPC by the impugned judgment which is under appeal before this Court.