HIMANGSHU DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is preferred against the judgment and order dated 08-07-2005, passed by the learned Sessions Judge, Goalpara in Sessions Case No.1/04. The appellants vide the impugned judgment & order have been held guilty under Section 306 read with Section 34 IPC and sentenced to undergo rigorous imprisonment for 5 years each and to pay a fine of Rs.5000/- each, in default, to suffer further imprisonment for 3 months each.

(2.) THE prosecution case, in brief, is that the accused Himangshu Das kidnapped Kausalya Das. After kidnapping, keeping the victim here and there for about three months, the accused came back to his parent's house along with the victim. His father Harish Das (Appellant No.2) did not allow the accused to keep the victim in his house. THE victim was then kept in the house of his uncle Sabin Das (PW-4). THEreafter, the father and brother of the victim along with other villagers approached Harish Das to discuss about the marriage of victim with accused Himangshu. Appellant No.2 demanded furniture, gold ornaments and cash amount of Rs.15,000/-. Although victim's father agreed to give furniture and gold ornaments but could not agree to pay cash amount of Rs.15,000/-. THE appellant no.2 refused to solemnize the marriage, whereupon, victim Kaushlya Devi, committed suicide by hanging herself with a mango tree. It was alleged that the victim committed the suicide due to mental shock. Jiten Das, the brother of the deceased lodged the FIR with Rangjuli Police Station. Police registered a case and on completion of investigation, submitted the charge sheet against both the accused.

(3.) P.W.1, Jiten Das, brother of the deceased, in his evidence, alleged that the accused Himangshu kidnapped his sister and after three months, he came back with the victim and keeping her in her parental house went out and then did not return. The victim Kaushlya went to the house of Sabin Das to enquire about her husband but she did not get any information. Next day, PW-1 along with others went to the house of Harish Das and requested him to keep the deceased but Harish Das refused to accept her, as he had no room. He also demanded some items and cash amount of Rs.15,000/-. The demand placed by Harish was disclosed to the victim. Next day morning Kaushlya remained untraced and on search, she was found hanging in the courtyard of Sabin Das. PW-1 stated that probably the victim committed suicide as the accused refused to accept her and also because of demand of money. He, in his cross-examination, denied that the victim committed suicide because she was abused by him and his family members.