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

The Hon’ble Justice Partha Sarathi Sen CRA 224 of 1995 Sri Ajit Kumar Paul @ Ajit Paul Vs.

The State of West Bengal For the appellant : Mr. Tapas Kr. Ghosh Mr. Tanmay Choudhury For the State : Mr. Avishek Sinha Heard on : 04.03.2025 Judgment on : 04.03.2025 PARTHA SARATHI SEN, J.:

1. In this appeal the judgment of conviction and order of sentence both dated 21.08.1995 as passed by the learned Additional Sessions Judge, 1st Court, Hooghly in Sessions Trial No. 165 of 1988 is impugned. By the said judgment learned trial court found accused Ajit Paul guilty under Section 498A IPC and he is thus sentenced to suffer R.I. for one year and to pay fine of Rs.

500/- I.D. to suffer R.I. for three months more.

2. The said convict Ajit Paul felt aggrieved and thus preferred the instant appeal.

3. 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 nutshell.

4. One Radhanath Mondal of Village – Tarahat, P.S.-Goghat, District-

Hooghly lodged a written complaint dated 18.10.1986 with the Officer-in-Charge, Goghat P.S. stating inter alia that marriage between her sister, Madhabi Paul was solemnized with the present appellant four years back prior to the lodging of the said FIR. It has been averred in the said written complaint that after her marriage the relationship between his said sister and her husband and the relatives of her matrimonial home became strained on account of various trivial issues and as a result whereof the said Ajit Paul being the husband of the said Madhabi Paul and his family members used to inflict torture upon his said sister. It has been stated further in the said written complaint that during her lifetime the said Madhabi Paul conveyed to the members of her paternal family about such torture and ultimately on 18.10.1986 at about 09.00 hrs. she committed suicide since she could not forebear the torture of her husband and the family members of her matrimonial home.

5. On basis of such written complaint Goghat P.S. Case No. 6 dated

18.10.1986 under Sections 498A/306 IPC was started. Investigation was taken up and on conclusion of the same charge- sheet under Sections 498A/306/109 IPC was submitted against the accused persons.

6. After commitment and transfer learned trial court considered the charges against the charge-sheeted accused persons and thus on 12.19.1994 the said Court framed charges against all the charge- sheeted accused persons under Sections 306/498A IPC. Since at the time of framing of charge the accused persons pleaded their innocence and claimed to be tried, the trial before the learned trial court proceeded.

7. On perusal of the Trial Court Record it reveals further that in order to bring home of the charges as against the accused persons the prosecution has examined 10 witnesses in all and some documents and one material were exhibited on their behalf. Before the learned trial court the defence has adduced no evidence. However, from the trend of cross-examination of the prosecution witnesses and the answers given by the accused persons in course of their respective examinations under Section 313 of the Cr.P.C. it appears to this Court that the defence case is based on clear denial and false implication.

8. As stated hereinabove learned trial court after considering the evidence of the prosecution witnesses both oral and documentary acquitted all the accused persons from the charge under Section 306 IPC. By the said judgment the learned trial court also acquitted accused Bijay Paul and Panchanan Paul from the charge under Section 498A IPC. However, the said trial court found the accused Ajit Paul guilty of the offence under Section 498A IPC and he was thus convicted and sentenced in the manner indicated in the foregoing paragraphs.

9. In course of his argument Mr. Ghosh duly assisted by Mr.

Chowdhury, learned Advocate for the appell