NIKUNJA CHANDA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. C. Biswas, learned counsel for the accused-appellants and also heard Mr. D. Das, learned Additional P. P., Assam.

(2.) This appeal is directed against the judgment and order dated 30.11.2002 passed by the learned Sessions Judge, Sonitpur at Tezpur in Sessions Case No. 80/2001 convicting the accused-appellants under Section 498(A)/304(B) IPC and sentencing him to undergo rigorous imprisonment for 2 (two) years, each, and also to pay fine of Rs. 200/- (rupees two hundred) only each, in default, further to undergo rigorous imprisonment for another 1 (one) month each.

(3.) The prosecution story is based on a written FIR lodged on 13.01.2001 by one Sri Naresh Ch. Das with the Officer-in-Charge, Thelamara Police Station alleging that 10 (ten) years ago his younger sister Munmun @ Rina Chanda was given in marriage to one Sri Niranjan Chanda and out of the said wedlock, two children were born to them but the in-laws, i.e. father-in-law, mother-in-law and sister-in-law of Munmun, started torturing her both physically and mentally. Before 1 month of lodging the said FIR informant's sister Munmun gave birth to a female child. It is alleged in the FIR that in the night of 11.01.2001 the informant's sister Munmun died due to torture on her by her in-laws and also due to want of treatment. A crime was registered under Sections 498(A)/304 (B) IPC and the police started investigation and arrested Sri Niranjan Chanda @ Ranjan Chanda; Smti. Sabitri Chanda @ Maya Rani Chanda; Smti. Sabita Chanda and Nikunja Chanda. After completion of the investigation, police submitted charge sheet under Sections 498 (A)/304(B)/34 IPC against the accused, namely Sri Nikunja Chanda, Smti. Sabitri Chanda and Smti. Sabita Chanda. After committal of the case, the learned Sessions Judge, Sonitpur framed charge under Sections 498 (A)/304 (B)/34 IPC against the above named accused persons. The charge having been read over and explained, the accused persons pleaded not guilty and claimed to be tried.