SWAPAN BISWAS & ORS. Vs. THE STATE OF WEST BENGAL & ORS.
LAWS(CAL)-2013-7-157
HIGH COURT OF CALCUTTA
Decided on July 19,2013

Swapan Biswas And Ors. Appellant
VERSUS
The State of West Bengal and Ors. Respondents

JUDGEMENT

Toufique Uddin, J. - (1.) THIS appeal arose out of judgment and order dated 31.8.2006 passed by the learned Additional Sessions Judge, Second Court, Fast Track Court, Burdwan in Sessions Trial No. 14 of 2004 arising out of Sessions Case No. 72 of 2003 and convicting the appellants for commission of offence under Sections 498A /306 of the Indian Penal Code and sentencing them accordingly. In the background of this appeal, the fact in a nutshell is as follows: - On 30.11.1999 a written complaint was lodged by one Shri Subhasis Neogi before the Officer -in -Charge, Madhabdihi Police Station, District Burdwan, against Swapan Biswas, the husband of the victim, Smt. Sudharani Biswas, the mother -in -law of the victim and Probodh Sen the maternal uncle -in -law of the victim stating, inter alia, that the victim Debjani Biswas was his elder sister. Her marriage took place with accused Swapan Biswas on 19.1.1997. He has further stated that his elder sister used to send letters to their house informing that she was subjected to torture both physically and mentally. On receipt of such letter he came to the house of his elder sister and discussed the matter with the accused persons. At that time they tried to convenience his elder sister stating that it was her in -laws house.
(2.) BEING failure to bear such severe torture she came to their house before last Durga Puja and when his Jamaibabu (brother -in -law) begged excuse then they returned back to her in -laws house. He has further stated that on the last day at about 6 P.M. they came to know from one villager of Nandanpur that his elder sister became ill. On receipt of such information his elder brother Debasish Neogi immediately went to his sister -in -law's house and found that her dead. Due to unbearable torture, she was compelled to die by setting fire or by conspiracy. A complaint was lodged.
(3.) AFTER investigation, the police has submitted charge sheet against the accused persons under Section 498A /306 of the Indian Penal Code.;


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