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2001 Supreme(Online)(SC) 7

SUPREME COURT
G. B. Pattanaik, Doraiswamy Raju, JJ.
TARUN ALIAS GAUTAM MUKHERJEE v. STATE OF W. B.


1 The appellant was charged and tried for having committed the offences under S.306 and 498A IPC on the allegation that the harassment and cruelty meted out to his wife forced her to commit suicide. On the basis of the evidence on record, the learned Sessions Judge convicted the appellant under S.306 and 498A IPC. His sister who was also tried for both the offences was, however, acquitted. The appellant carried the matter to the High Court in appeal. The High Court, on scrutiny of the evidence, came to hold that the offence under S.306 IPC has not been established by the prosecution, but, on the materials on record, came to the conclusion that the offence under S.498A IPC was established and, therefore, the conviction of the appellant under S.498A IPC was upheld and reduced the sentence to rigorous imprisonment for two years and a fine of Rs 2000. It is this conviction and sentence passed by the High Court which is the subject matter of challenge in this appeal.

2 The learned counsel for the appellant contended before us that the deceased, no doubt, died of bum injury, but the burning itself took place because of bursting of stove, as is deposed to by PW 7, the Medical Officer atta



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