SAMBHU PAUL Vs. STATE OF ASSAM

JUDGEMENT

(1.) I have heard Mr. A. B. Choudhury, learned counsel for the appellants and Mr. K. Munir, learned PP Assam.

(2.) This appeal has been carried from the judgment and order dated 19-12-2000 passed by the learned Sessions Judge, Karimganj in Sessions Case No. 27/98 convicting the two appellants namely Sambhu Paul and Bhola Paul under Ss. 498-A/304-B read with S. 34, I.P.C. and sentencing them to rigorous imprisonment for three years and a fine of Rs. 5000.00 each, in default, rigorous imprisonment for one year for offence under S. 498-A, I.P.C. and also rigorous imprisonment for seven years under S.304-B, I.P.C. The sentences of imprisonment are to run concurrently.

(3.) The prosecution case, in brief, is that late Shyma Paul was married to appellant No. 1, Sambhu Paul on 14-12-1994. Since her marriage the appellant No. 1 along with his mother, brother and sister, being not satisfied with the usual gifts given at the time of marriage, used to assault and inflict torture on her. On 22-9-1995, the younger brother of the appellant No. 1, one Sri Chutan Paul (since acquitted by the trial Court) left the deceased in her parents' house at her advance stage. During her stay at her parental home she had to be admitted to a Hospital namely 'Life Line Nursing Home' at Silchar where she delivered a still born baby. It was also alleged that during her stay at Hospital the appellant No. 1 the husband of the deceased did not care to inquire about her health, rather on request being made by the family members of the deceased, he flatly refused to see his ailing wife (deceased). While the deceased was in Hospital, the appellant No. 2 also went there to tell her that his brother i.e. the appellant No. 1 was not willing to bring her back. It was also alleged that the appellant No. 1 used to talk with the deceased on telephone of their neighbour Bipul Behari Senapati (P.W. 3), and threatened her on various ways. The deceased sister told the informant and others that she would be taught extreme lessons by her husband if she desired to go to his house. It was on 20-11-1995 when the appellant No. 1 talked to the deceased over telephone informing her that he was going to remarry another woman and would abandon her and hearing the same the deceased lost her mental balance. Eventually, on the night of 22-11-1995 she became untraced from the dwelling house of the informant and only on 23-11-1995 the dead body of the deceased was found floating in the pond of P.W. 3 (Bipul Behari Senapati). Later it was learnt that she committed suicide with a fastening pitcher tied around her neck. Due to the torture meted out to her by the appellants and the family members, the deceased-Shyma Paul compelled to commit suicide and the same was revealed from the suicidal note left by the deceased which was found under the pillow of the deceased.