SANJIB DEY Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE appellant herein has been convicted under Sections 498 (A)/306 of the Indian Penal Code vide judgment dated 29.8.2009 passed by the learned Addl. Sessions Judge, (FTC) No.3, Kamrup, Guwahati in Sessions Case No. 156(K) of 2008. By the impugned judgment the appellant has been sentenced to undergo Rigorous Imprisonment for two years with fine of Rs. 10,000/- and RI for 7 years with fine of Rs. 10,000/- for the offence under Section 498(A)/306. For non payment of fine the appellant has been directed to undergo RI for six months on each count and both the sentences are directed to run concurrently.

(2.) HEARD Mr. N. Ahmed, learned counsel for the appellant and Mr. BJ Dutta, learned Addl. PP, Assam. Also perused the impugned judgment and evidence on record.

(3.) PW 5 appears to be a prime witness of the prosecution being a domestic help. At the relevant time she was 10 years old. Initially, she did not implicate the husband or any other family members of the deceased for causing abatement of the suicide. Her statement was recorded only after lodging of the FIR. PW 5 has stated that she did not narrate the story earlier because of the threat given by the brother-in-law of the deceased. However, the allegation of threat was not stated before the I.O. Hence, this is material contradiction. Besides this, the maid servant hailed from the place of victim's mother. In fact, the victim's mother brought PW 5 to the house of the accused persons for domestic help. Hence, the possibility of giving tutored evidence also cannot be discounted.