CHAITALI CHATTERJEE DAS:-

1. This appeal has been filed against the judgement and order of conviction dated June 06,09 and June10,09 passed by the Additional Sessions Judge1st Track Fast Court at Berhampore ,Murshidabad, convicting the appellant under Sections 498A/306/34 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for three years and pay a fine of Rs. 3000 in default to suffer further rigorous imprisonment for three months for commission of offence punishable under Section 498A of the Indian Penal Code and to suffer rigorous imprisonment for a further period of 7 years and to pay a fine of Rs. 6000 in default to suffer further rigorous imprisonment for another six months for commission of offence punishable under section 306 of the Indian Penal Code.

Summary of the case

2. A complaint was lodged by the brother of the victim lady before the Inspector in-charge, Berhampore Police Station on 20.10.1994 against the present appellant alleging doubt over the husband and his sister to kill the elder sister of the de facto complainant. It was the case of the de facto complainant that his is elder sister; Smt. Swarna Paul got married with Bikash Chanderpaul in the year 1982, who was an employee of West Bengal Government working in the office of information and publicity Department, Government of West Bengal at Berhampore. Since after marriage he and his sister inflicted physical and mental torture upon his elder sister who intimated the matter frequently to the complainant along with other relatives and they also tried to convince Bikash but he did not pay any heed and restrained the family members to visit his house. The local people were aware of such torture and they too raised protest but were insulted. On 20.10.94 such torture crossed beyond all limits and his elder sister was assaulted mercilessly in presence of the niece of the de facto complainant and the sister of Bikash, Bhanumoti Pal also engaged in such torture upon her and hence he doubted that both the appellants killed his elder sister and hanged her.

3. Over the said complaint Berhampore police Station Case No. 369/94 dated 20.10.94 started under Section 498A/306 IPC started and on completion of investigation the charge sheet was submitted under the above-mentioned section and those charges being exclusively triable by a session court the matter was transferred before the Additional Session Judge FTC(1) Berhampore, Murshidabad and the learned court considering the materials available, framed the charges against the present appellants which was read over and explained to them, to which they pleaded not guilty and claimed to be tried. Hence the trial commenced. The learned court after assessing the evidences adduced before the court and the argument advanced by the prosecution as well as the defence Counsel passed the order of conviction against the appellant. Being aggrieved thereby this appeal has been filed.

Submissions

4. The learned advocate representing the appellant argued that after the order of conviction the sister was released on Probation of Offenders Act on executing a bond with two sureties. It is submitted that the complaint was made on the basis of an apprehension that the appellants killed the victim lady and hanged her. Attention is drawn to the inquest report which was done at 12:50 hours and the body was recovered from the roof made of the bamboo on the upstairs chamber. Excepting half-moon sized bruised mark no other injuries was found in the body of the deceased. It is submitted further that the marriage is of 1982 and the incident happened in the year 1994 and during this long period of time, no complaint was lodged against any of the appellant before any forum. Though de facto complainant was aware about the torture inflicted upon his sister who reported the same to him he did not inform or report to any authority and even after this incident he did not disclose the fact to anybody before deposing in the trial Court.