SUKUMAL GHOSE Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Roshid, learned counsel for the petitioner, also heard Mr. B. Sinha, learned PP, Assam.

(2.) This criminal revision is directed against the judgment and order dated 29.6.1999 passed by the learned Sessions Judge, Tinsukia in Sessions Case No. 38(T)/93 by which the petitioner was found guilty of offence under section 498A I PC and accordingly he was convicted and sentenced to suffer rigorous imprisonment for a period of two years and to pay fine of Rs. 2,000.

(3.) The prosecution case in brief is that the law was in motion by lodging an ezahar by P.W. 2, Ashim Kr. Bose with Margherita Police Station with the allegations inter alia that his sister Smt. Gauri Ghose was forced to commit suicide on 23.5.1987 in the evening at about 6.30 PM by putting fire on her person by herself due to the physical torture inflicted to her by her in-laws namely, the petitioner, Sri Sukumal Ghose @ Kampa, sister-in-laws, Smt. Shefali Roy Choudhury and Smt. Bani Mazumdar including her mother-in-law. It was stated in the FIR itself that in the year 1977 his sister Smt. Gauri Ghose was married to one Dilip Kumar Ghose, resident of Margherita Tea Garden as per Hindu custom but immediately after two years of their married life, her husband in league with other members of her in-laws started torturing her physically and mentally, particularly, brother of her husband, Sri Kampa Ghose and those sisters named above used to abuse and torture her at the slightest pretext cursing her to commit suicide. Due to such physical torture and mental strain, his sister became physically and mentally weak. On the fateful dated 23.5.1987, his sister became physically sick for which she was unable to do household works and accordingly she had to spend her days on starvation. In spite of her physical illness, the above mentioned persons continued to torture her by telling her to commit suicide by burning herself. Out of such torture, his sister burnt herself. When she suffered severe burn injury while attempting to commit suicide, she was shifted to Margherita Tea Garden Hospital from where she was again taken to Assam Medical College, Dibrugarh and in the early morning at about 2.30 AM on 24.5.1987 the doctor declared his sister to be dead.