BRINDABAN MANDAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellants Brindaban Mandal and Nitai Mandal have been convicted under Section 302/34 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs. 10,000/- each with default stipulation. Another accused Madhab Biswas was however acquitted of the charge.

(2.) The victim of the incident was Sobharani, aged about 25 years. She was wife of Nitai and daughter-in-law of Brindaban. Nitai is son of Brindaban.

(3.) According to the prosecution case, Sobharani was married to Nitai about 7/8 years before the date of occurrence. Although, they lived happily, Sobharani often complained that her father-in-law Brindaban was soliciting physical relationship with her which she repeatedly denied. She complained the matter to Nitai, but he also put a deaf ear. A few days before the incident, she came to her parental home along with Nitai on the occasion of her uncle-Jogesh Biswas s (PW-2) daughter s marriage ceremony. There also she narrated her father-Narayan Biswas (PW-1)-about the trauma she was going through in her marital home and expressed her desire not to go back there or else she would have to compromise with her father-in-law Brindaban. But, Narayan somehow convinced her and sent her back to her matrimonial home. After 2-3 days news of sudden and unnatural death of Sobharani came to Narayan. He was informed that on 11/08/2011 at about 3 a.m., Sobharani committed suicide. On receipt of the news, he accompanied by his brother Jogesh (PW-2) and one Premchand Biswas, went to the house of Brindaban and Nitai where he saw the dead body of Sobharani lying on the verandah. On query, Brindaban did show a tree about 2-2 feet tall-in the west side of his house and told them that she committed suicide by hanging from that tree at about 3 a.m. When she committed suicide, there was a hue and cry in the locality and the neighbours - Keshab Sarkar (PW-3), Suhagi Biswas (PW-4) and Madhubala Biswas (PW-5) came to the spot of incident and saw the wife of Brindaban pouring water on the head of Sobharani, already dead. Brindaban and Nitai were also pouring water. Brindaban then also told to Madhubala that she died due to strangulation.