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2021 Supreme(Cal) 510

BIBEK CHAUDHURI
Netai Ghosh – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Younush Mondal.
For the Respondents: Mr. Swapan Banerjee, Mr. Suman De.

JUDGMENT :

BIBEK CHAUDHURI, J.

1. The appellants being aggrieved against the judgment and order of conviction and sentence dated 8th December, 2016 passed by the learned Additional Sessions Judge, 5th Court at Barasat, North 24 Parganas in Sessions Case No. 19(12)12 corresponding to Sessions Trial No. 2(5)13 has preferred the instant appeal under the provision of Section 374 of the Code of Criminal Procedure.

2. The appellants were convicted for committing offence under Section 498A and 304B of the Indian Penal Code and they were sentenced simple imprisonment for two years and fine of Rs.1000/- for offence punishable under Section 498A of the India Penal Code (for short, IPC) and rigorous imprisonment for seven years for offence punishable under Section 304B of the Indian Penal Code.

3. On 5th August, 2011, one Nirmal Ghosh lodged a written complaint before the Officer-in-Charge Ashokenagar P.S stating, inter-alia, that marriage of his daughter Soma was solemnized with Netai Ghosh (appellant No. 1) on 5th Ashar 1417 B.S corresponding to 20th June, 2011. At the time of marriage the defacto complainant gave bridal presents as per his financial capacity. It was decided before marriage tha

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