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2023 Supreme(Cal) 838

SHAMPA DUTT PAUL
Hira Bittar – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Pratip Kumar Chatterjee
For the Respondent: Ms. Rita Datta

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 bea

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