GORACHAND DE, J. - (1.)Anil Kumar Choulia (husband), Santosh Kumar Choulia (father-in-law) and Smt. Parulbala Choulia (mother-in-law) being aggrieved by and dissatisfied with the judgment and order of conviction and sentence dated 21.9.1989 passed by the Additional Sessions Judge, 5th Court, Midnapore in Sessions Trial No. XVIII of February 1988 arising out of G.R. Case No. 339 of 1986 preferred this appeal. By the said judgment, the learned Additional Sessions Judge found these appellants guilty under Sections 306 and 498A of the Indian Penal Code and convicted them thereunder as follows:
(i) The appellant No. 1, Anil Kumar Choulia to suffer Rigorous Imprisonment for 3 years and to pay a fine of Rs. 2000/-, in default, to suffer Rigorous Imprisonment for 2 months under Section 306 of the IPC and also to suffer Rigorous Imprisonment for 2 years and to pay a fine of Rs. 1000/-, in default, to suffer Rigorous Imprisonment for 1 month under Section 498A of the IPC and directed that both the substantive sentences shall run concurrently. (ii) The appellant No. 2, Santosh Kumar Choulia to suffer Rigorous Imprisonment for 2 years and to pay a fine of Rs. 500/-, in default, to suffer Rigorous Imprisonment for 15 days under Section 306 IPC and also to suffer Rigorous Imprisonment for 3 months and to pay'a fine of Rs. 500/- in default, to suffer Rigorous Imprisonment for 15 days under Section 498A of the IPC. (iii) The appellant No. 3. Smt. Parulbala Choulia to suffer Rigorous Imprisonment for 3 years and 6 months and to pay a fine of Rs. 1000/- in default, to suffer Rigorous Imprisonment for 1 month under Section 3O6 of the IPC and to suffer Rigorous Imprisonment for 6 months and to pay a fine of Rs. 500/- in default, to suffer Rigorous Imprisonment for one month under Section 498A of the Indian Penal Code.

(2.)The prosecution case is that one Kabita Rani Dolai was given in marriage with the appellant No. 1, Anil Kumar Choulia in the year 1981 and during the marriage Rs. 25.000/ was paid in cash to him. After 2- 3 months of the marriage, the parents-in-law and the husband gave pressure on Kabita for bringing gold buttons and a pot for keeping betel leaves (Debar) and also demanded other articles as those articles given earlier were of cheap quality. But the parents of Kabita could not meet the demand for which the parents-in-law and the husband used to abuse and assault her. Even when the relatives of Kabita used to visit her at her matrimonial home, the parents-in-law and the husband talked with them indecently and demanded the articles indicated herein above. During the casual visit of Kabita to her parents' house, she narrated the inhuman torture inflicted on her. However, after a settlement arrived at through the relatives of the parties, the parents-in-law and the husband assured that torture on Kabita would not recur. Moreover, the husband Anil Kumar Choulia had an illicit love affair with the daughter of one Anil Jana. an inhabitant of the adjacent village and wanted to marry her. But Kabita did not acrede to such proposal of re-marriage for which she was treated with cruelty. On 18.2.1986 it was learnt from a reliable source that Kabila had died in her matrimonial home and on getting this information, the brother and other relations of Kabita rushed to the house of Anil and saw her lying dead on the first floor of her matrimonial home. It was detected that her left cheek was swollen and there were marks of assault on her hand and feet. Accordingly. Shri Monoranjan Dolai, brother of the deceased Kabita lodged a written complaint to the Officer-in-Charge, Pingla Police Station on 23.2.1986 and on this basis, an FIR was drawn and Pingla P.S. Case No. 2 dated 23.2.1986 was started. In course of investigation of this case, prayer was made by the husband and the parents-in-law for anticipatory bail and the prayer was rejected on 28.4.1986. Thereafter, husband Anil and father-in-law Santosh surrendered before the learned SDJM on 23.7.1986 and they were taken into custody and subsequently were bailed out on 6.8.1986. The mother-in-law Parulbala, however surrendered on 8.8.1986 and she was granted bail on the same date. On completion of the investigation, a chargesheet under Sections 306 and 498A of the IPC was filed against we husband Anil and parents-in-law Santosh and Smt. Parulbala Choulia on 23.7.1987. Thereafter on 13.11.1987. the case was committed to the Court of Sessions and on 2O.2.1988. the record was placed before the learned Sessions judge and on that day after taking cognizance, the learned Sessions Judge transferred the case to the learned Additional Sessions Judge. 5th Court. Midnapore.
(3.)On 9.5.88, charges under Section 498A/34 and Section 306 of the Indian Penal Code were framed against all the three accused persons. Since all the accused persons pleaded not guilty to the charge, the case was taken up for evidence and altogether, 11 witnesses including the Investigating Officer (I.O.) were examined by the prosecution. After examination of the accused persons under Section 313 of the Code of Criminal Procedure opportunity was given to produce defence witness, if any. and as the defence did not give any evidence either oral or documentary, the learned Additional Sessions Judge took up the case for argument on 6.9.1989 and on conclusion of the argument of both sides oh 8.9.1969, he delivered the judgment and passed order in the manner indicated hereinabove.
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