PROSENJIT BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal arose out of a judgement and order dated 22nd December, 2009 passed by the learned Additional Sessions Judge, Fast Track Court no.3, Bongaon, North 24-Parganas in S.T. No. 02(02)/08/S.C. No. 01 (09)/07 arising out of Gaighata P.S. Case No. 247/05 dated 9th November, 2005 convicting the accused/appellant Prosenjit Biswas under Section 306 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for seven years and to pay fine of Rs. 1,000/-; 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 both the sentences under Sections 306 and 498A of the Indian Penal Code were directed to run concurrently.

(2.) The prosecution case in brief is that one Nityananda Saha, father of the victim lodged a written complaint alleging that his youngest daughter Supriya Biswas was married in the month of Agrahayan, 1409 B.S. with Prosenjit Biswas. At the time of marriage, he gave Rs. 20,000/- cash, 5 bhari golden ornaments and furniture. After some days of her marriage, the husband, mother-in-law, fatherin-law and two brothers of the husband of his daughter started to inflict physical torture and mental cruelty upon his daughter by demanding money from him. It was further alleged that he paid Rs. 22,000/- in instalments, but after some days he came to know that there was illicit relationship between his son-in-law and Rina Singh. For this reason, at the instance of Rina Singh, his son-in-law Prosenjit Biswas, elder brother Pradip Biswas, another brother Sajal Biswas, father Dhananjoy Biswas and mother Shanti Rani Biswas used to inflict jointly mental and physical torture. In the last year on the occasion of 'Kali Puja', his daughter came to his house along with her son aged about year and she told him that the members of her in-law's house had demanded Rs. 50,000/- for the purpose of business. His daughter also stated that if the said money was not paid, her husband would not allow her to live with him and he would start his life with Rina Singh. His daughter also told him that they threatened to kill her. He managed to send back his daughter assuring her that he would pay that money within few days. It was further alleged that on 9th November, 2005 in the morning, one neighbour informed him that his daughter had expired. On hearing the news, he rushed to the house of in-laws of his daughter and found his daughter lying on a cot as dead. He also found black spot and nails cut injury on the throat of his daughter. He also found one broken sakha in two pieces, one chitkini with some broken wood and other household articles in scattered condition. He did not find any member of his daughter's in-law's house.

(3.) On the basis of the written complaint, a criminal case, being Gaighata P.S. Case no. 247/2005 dated 9th November, 2005 was initiated. Investigation was started and after completion of investigation, charge sheet was submitted under Sections 498A/304B/34 of the Indian Penal Code against six accused persons, who pleaded not guilty and claimed to be tried.