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2023 Supreme(Cal) 69

RAI CHATTOPADHYAY
Basudeb Das – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Arnab Chatterjee, Advocate, Dhanasree Biswas, Advocate, Ayantika Bose, Advocate

JUDGMENT

Rai Chattopadhya, J. - Appellants are the son and his mother respectively who are convicted and sentenced to suffer imprisonment by the Trial Court for the offence under sections 498A and 306 of the Indian Penal Code. The appellants are aggrieved with the judgment and order of the Trial Court dated 27th September 2012 and 28th September 2012 respectively and they challenge the said judgment in this appeal.

2. Appellants faced trial in Sessions Trial No. 3(11) of 2004 arising out of Sessions Case No. 27(6) of 2004. The unfortunate suicidal death of the wife of the Appellant No.1 prompted initiation of the criminal case against both the appellants. The death occurred on 1st January 2000. FIR was lodged on 2nd January 2000 by the mother of the deceased. The complainant narrated in the FIR that her daughter Shila Mullick was married to the appellant No.1 on 1st May 1999. That the marriage was never a happy one. Her daughter has always been subjected to mental and physical cruelty and torture perpetrated by the appellant No.1. She was subjected to physical assault. Dowry was

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