IN THE HIGH COURT AT CALCUTTA
PRASENJIT BISWAS
Jharna Sarkar @ Bulu – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
PRASENJIT BISWAS, J.
1. This appeal is directed against the impugned judgment and order of conviction dated 30.03.1994 passed by the learned Additional Sessions Judge, 3rd Court, Bankura in connection with the Sessions Case 5(3)/90 corresponding to Sessions Trial No.2(7)91 at the instance of the appellants.
2. By passing the impugned judgment, these appellants were found guilty for commission of offence punishable under Section 498A and under Section 306 of the I.P.C. The appellant No.3 Joydeb Sarkar was sentenced to suffer imprisonment for six years along with a fine of Rs.3000/- and in default of payment of fine to suffer rigorous imprisonment for three months for the offence committed under Section 306 of the IPC. He was also sentenced to suffer Rigorous imprisonment for two years and to pay a fine of Rs.2,000/- and in default of payment of fine to suffer further rigorous imprisonment for two months for the offence committed under Section 498A of I.P.C. The appellant No.1 was sentenced to suffer rigorous imprisonment for three years along with a fine of Rs.3000/- and in default of payment of fine to suffer rigorous imprisonment for three months for the offence committed
(1) Abetment of suicide – A critical requirement under Section 306 IPC is existence of mens rea – Mental element cannot be presumed merely because a suicide occurred in backdrop of alleged harassment....
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