BISWAJIT SENGUPTA Vs. STATE OF ASSAM AND ANR

JUDGEMENT

(1.) Heard Mr. N Dutta, learned senior counsel, assisted by Mr. N Sarkar, learned counsel for the appellant. Also heard Ms. S Jahan, learned Additional Public Prosecutor, Assam.

(2.) An ejahar dated 23.03.2004 was lodged by the accused, Biswajit Sengupta before the OfficerIn-Charge, Bongaigaon Sadar Police Station stating that in the night of 22.03.2004 his wife went to her bedroom along with their 1 1/2 years old son and closed the door from inside and committed suicide by hanging herself from a rafter of the house. Around 12 midnight, when he heard his son crying, he got up from the bed, which was from another room and on opening the door saw the incident and removed the rope from her neck with which she had hanged herself. Another ejahar dated 24.03.2004 was lodged by Akan Chandra Das, the brother of the deceased also before the Officer-In-Charge, Bongaigaon Police Station stating that his sister Shyamoli Sengupta was married with the accused for about 4 years and 3 months and a few days after the marriage, the accused person along with others started demanding money, vehicle etc., and also tortured her in different ways, as a result, they were occasionally compelled to give some articles to the accused. On 21.03.2004 also, the accused persons treated his sister in the same way and finally at around midnight they killed her. Accordingly the accused persons including the present appellant were charged of an offence under Section 304(B)/34 of the IPC by the charge dated 01.03.2007.

(3.) The charge also read that the deceased Shyamoli Sengupta died and the death was unnatural either homicidal or suicidal and before her death she was subjected to cruelty or harassment.