IN THE HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION APPELLATE SIDE Present:-

HON’BLE JUSTICE PARTHA SARATHI SEN C.R.A. No. 324 of 2003 Dilip Kumr Dey and Anr.

-Versus-

The State of West Bengal.

For the appellants: Mr. Ashok Biswas, Adv., Mr. Tirtharaj Ghoshal, Adv.

For the respondent/State: Mrs. Faria Hossain, APP.

Last Heard on : 11.03.2025 Judgment on : 17.03.2025 PARTHA SARATHI SEN, J. : –

1. The subject matter of the instant appeal is the judgement of conviction and order of sentence both dated 17.07.2003 passed by the Learned Additional Sessions Judge, 3rd Court, Bankura in Sessions Trial no.1(2)/1997/Sessions case no.12(5)/1995. By the impugned judgement learned trial court found accused Dilip Kumar Dey and accused Shankari Dey guilty of the offences under Sections 498A/306 IPC and thus sentenced them to suffer RI for 5 years each and to pay a fine of Rs.1000/- each i.d. to suffer RI for 6 months each for the offence committed by them under Section 306 IPC. The said convicts are further sentenced to suffer RI for 3 years each and to pay a fine of Rs.500/- each i.d. to suffer RI for 3 months each for the offence committed by them under Section 498A IPC with a further direction that both the sentences would run concurrently. The said two convicts felt aggrieved and thus preferred the instant appeal.

2. For effective adjudication of the instant appeal the facts leading to initiation of the aforementioned sessions trial is required to be dealt with in a nut shell.

3. One Bampada Nandi of village Lalpur, P.S Onda, District Bankura lodged a written complaint dated 04.08.1993 with the O/C Onda P.S stating inter alia, that at about 6/7 years back marriage of his sister Sumitra was solemnized with one Dilip Kumar Dey, son of Subal Chandra Dey as per Hindu Rites and Customs. It has been stated further in the said written complaint that soon after such marriage her said sister was subjected to torture both physically and mentally at her matrimonial home at the instance of her husband, parents-in-law, brother-in-law and brother of her father-in-law namely; Dilip Kumar Dey, Subal Kumar Dey, Shankari Dey, Bhojohori Dey and Kalipada Dey respectively. It has also been disclosed in the said written complaint that the said Sumitra used to narrate the incident of such torture to the family members of her paternal home as well as to many persons of their locality. It has been stated further in the said written complaint that on account of such physical and mental torture his said sister became totally shattered since she was kept half fed and made to wear torn wearing apparels and was even forced to live with her husband against her will. It has been stated further that being unable to forebear such torture his said sister committed suicide by hanging on 03.08.1993 at about 11:45 pm.

4. On the basis of such written complaint Onda P.S case no.58 of 1993 dated 04.08.1993 under Sections 498A/306 IPC was started. Investigation was taken up and on completion of the same charge sheet was submitted under Sections 498A/306/34 IPC. After commitment and transfer learned trial court considered the charges against the accused persons on 10.02.1997 and on consideration of the entire materials as placed before him framed charges under Sections 498A/306 IPC against the five accused persons who were named in the FIR. While framing charges the said five accused persons pleaded their innocence and claimed to be tried and thus the said trial proceeded.

5. In order to bring home the charges as against the accused persons the prosecution has examined 12 witnesses in all and several documents have been exhibited on their behalf. On behalf of the defence two witnesses have also been examined. From the trend of cross-examination of the prosecution witnesses and the answers as given by the accused persons in their respective examinations under Section 313 CrPC and from the evidence of DWs it appears to this Court that the defence case is based on clear denial and f