RANJIT DUTTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In the present revisional application the judgment and order dated August 31, 1994 in Criminal Appeal No. 45 of 1991 passed by the learned Additional Sessions Judge, Second Court, Hooghly, affirming the order of conviction and sentence passed on August 10, 1991 by the learned Assistant Sessions Judge, Additional Court, Hooghly in Sessions Trial No. 211 of 1990 has been assailed.

(2.) The petitioners are the husband, brother in law, and the wife of the brother in law of the victim. The petitioner no. 2 Ratan Dutta expired during pendency of the case.

(3.) The complaint was lodged by one Samir Ranjan Majumdar, brother of the victim against the petitioners under Section 498A/304 of the Penal Code. Charge-sheet was submitted against the petitioners after completion of investigation. The learned trial court, upon consideration of the evidence on record, convicted the petitioners for offence punishable under Section 498A/306 of the Penal Code and sentenced them accordingly. The learned trial court held that no case was made out against the petitioners under Section 304B of the Penal Code and instead the petitioners were convicted under Section 498A/306 of the Penal Code.