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2009 Supreme(SC) 616

ARIJIT PASAYAT, ASOK KUMAR GANGULY
Krishna Ghosh – Appellant
Versus
State of West Bengal – Respondent


Advocates appeared:
For the Appellant :Vijay Kumar (SCLSC), Advocate.
For the Respondents:Avijit Bhattacharjee, Saurmya Kundu, Subrata Biswas, Advocates.

JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in this appeal is to the judgment of a Division Bench of the Calcutta High Court upholding the conviction of the appellant for offence punishable under Sections 498-A and 302 read with 34 of the Indian Penal Code, 1860 (in short the ‘IPC’). The present appeal is filed by the appellant, husband of Yogmaya (hereinafter referred to as the ‘deceased’). A single appeal was filed by the present appellant and his mother-Gita Ghosh and unmarried sister Kalyani Ghosh A-3.

3. Prosecution version in a nutshell is as follows:

One Jiten Ghosh happens to be the de facto complainant of the instant case who lodged one written complaint with the local P.S. at Ranaghat on 24.07.1987 at 11.05 hours with a plea that his niece (sister’s daughter) Yogmaya was married about 1 year 4 months ago with accused Krishna Ghosh after giving proper dowry. Krishna Ghosh, his mother Gita Ghosh and sister Kalyani Ghosh used to rebuke his niece on very trivial house-hold affairs as they did not like his niece as his niece used to intimate her agony to her parents and to him. They went to Yogmaya’s in-law’s house and used to pacify the matter and amelior






























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