- (1.) Leave granted.
(2.) In the present appeal, the appellant has challenged the legality of the judgment and order dated 24.07.2008 passed by the Calcutta High Court. The appellant is aggrieved by the aforesaid judgment and order as by the said judgment, the High Court has upheld the order of conviction and sentence passed by the trial Court whereby the appellant was sentenced to undergo rigorous imprisonment for three years for the offence punishable under Section 498-A of the Indian Penal Code (in short "the IPC") and for eight years together with a fine of Rs 1000/- for the offence punishable under Section 306 of the IPC with a default stipulation. The sentences awarded to the appellant were directed to run concurrently.
(3.) The facts necessary for the disposal of the present appeal and as presented by the prosecution may be set out at this stage. The appellant - Amalendu Pal @ Jhantu and the deceased - Dipika were married in the year 1977. Out of the said wedlock, two sons were born. The appellant was residing in Calcutta in connection with his work and earning. During his stay in Calcutta, the appellant developed an extra-marital relationship with one Jyotsna @ Anita. The relationship between the appellant and said Anita became known to the deceased and the deceased objected to such illegal relationship. The appellant sought permission of the deceased to marry said Anita, which was also refused by the deceased. Consequently, the appellant started torturing the deceased both physically and mentally.;