The ingredients of the offence under Section 498A IPC are: (1) a woman was married; (2) she was subjected to cruelty; (3) such cruelty consisted in any wilful conduct likely to drive the woman to commit suicide or cause grave injury or danger to her life, limb, or health (whether mental or physical); or harm to such woman with a view to coercing her to meet unlawful demand for property or valuable security or on account of failure of such woman or any of her relations to meet the lawful demand; and (4) the woman was subjected to such cruelty by her husband or any relation of her husband.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The present appeal has been preferred against the Judgment and Order dated 15.09.2015 passed by the learned Additional Sessions Judge, 1st Fast Track Court, Kandi, Murshidabad in Sessions Serial No. 190 of 2009, Sessions Trial No. 2(9) of 2012, arising out of Kandi P.S. case No.144/04 dated 10.08.2004 under Sections 498A/307/34 of the Indian Penal Code convicting thereby the appellant herein for the commission of offence punishable under Section 498A of the Indian Penal Code and sentencing him to suffer simple imprisonment for one year and also to pay a fine of Rs.1,00,000/- i.d. to suffer further simple imprisonment for six months.

2. THE PROSECUTION :-

i) Ms. Rita Datta, learned counsel for the State has submitted that on 10.08.2004 one Swarnalata Bittar, lodged a written complaint before the O.C., Kandi Police Station, alleging inter alia, that since twelve years ago she was married with the appellant according to Hindu rites and customs abiding all the demands. She alleged that after some years of marriage, her mother-in-law, sister-in-law (ja) and husband started mental and physical torture upon her. She was staying in her matrimonial house bearing several disputes and tortures. Presently, she is a mother of two children. Her husband created pressure upon her to bring Rs.10,000/- from her mother and for non fulfillment of such demand the degree of torture increased and they conspired to kill her. On 27.04.2004 at night (8.00 PM) when she was in her room with her two children, she heard her mother-in-law, sister-in-law(ja) and husband discussing in the adjacent room to kill her by pouring kerosene oil on her body and burning her. When she came out of her room, her husband took her inside the room by catching her hair and all of them assaulted her severely. On her shouting, her husband tried to kill her by gagging her mouth. She somehow escaped and tried to flee away from there with her two children but her mother-in-law and sister-in-law (Ja) forcibly took her daughter from her possession. The complainant returned to her mother's place. Since then she is staying with her mother in starvation. In the meantime, her husband married one Pinki Dhara of Bandel and brought her to the matrimonial house and started leading conjugal life. She also alleged that all the above stated incident was informed earlier at the police station, and meeting was held for mutual settlement. At that time her in-laws and the friends of her husband threatened her and refused to give Rs.20,000/- and one katha land which was settled in their presence. In this situation, she being a helpless lady prayed for justice keeping in mind her son and daughter, having no means of substance.

ii) On the basis of the said complaint, Kandi Police Station registered a case being Kandi Police Station Case No.144/04 dated 10.08.2004 under Sections 498A/307/34 of the Indian Penal Code and started investigation.

iii) After completion of investigation, the investigating officer submitted charge-sheet under Sections 498A/307/34 of the Indian Penal Code against the appellant herein and one Gayatri Bittar. After submission of charge sheet, the case was committed to the Court of learned Additional Sessions Judge, Kandi from where the case was committed to the court of learned Additional Sessions Judge, 1st Fast Track Court, Kandi. Charge was framed against the present appellant and one Gayatri Bittar on 04.09.2012 under Sections 498A/307/34 of the Indian Penal Code to which they pleaded not guilty and claimed to be tried.

iv) During trial, prosecution has examined 6 (six) witnesses and marked as many as 4 (four) documents as exhibits. No witnesses were examined by and on behalf of the appellant/defence.

v) The appellant was found guilty of charge under Section 498A of the Indian Penal Code and sentenced accordingly.

3. THE DEFENCE:-

i) Mr. Pratip Chatterjee, learned counsel for the appellant has submitted that the learned Judge failed to take note o