TOUFIQUE UDDIN, J. - (1.) THIS appeal arose out of the judgment and order dated 24.2.2011 and 25.2.2011 passed by the learned Additional Sessions Judge, 1st Court, Burdwan in Sessions Trial No. 3 of 2010 arising out of Sessions Case No. 125 of 2010 and thereby convicting the appellant for commission of offence under sections 498A/306 of Indian Penal Code and sentencing them accordingly. In the background of this appeal, the fact in short is as follows :
(2.) ONE Smt. Manju Dutta Chowdhury daughter of Dilip Das resident of Bahir Sarbamongala, Punjabi Para of Police Station and District - Burdwan was married with Anup Dutta Chowdhury son of late Debesh Dutta Chowdhury of Kanchan Nagar, Uday Pally on 28th February, 2000 and thereafter during their wedlock, Manju gave birth to two male children who are at present seven years and one and half years old. At the time of marriage the family of the accused demanded rupees eighty thousand cash, ten bhories of gold ornaments, one refrigerator, bed, dressing table and other house hold articles which were fulfilled by the parents of Manju. But still then the accused persons created both mental and physical torture upon Manju. Even the accused persons pressurized Manju for bringing further rupees 50 thousand for construction of the house from her parents. The accused persons further tortured upon her on the demand of Rs. 1 lakh more. She never resided in peace. On 14.8.2009 at about 12.30 p.m. the family members of Manju got information that their daughter committed suicide by hanging. They rushed to the matrimonial home of Manju and found her body hanging with several marks of injury on her person. A complaint was lodged before Burdwan Police Station being Burdwan P.S. Case No. 465 of 2009 dated 15.8.2009 under sections 498A/302/201/34 of Indian Penal Code read with section 3/ 4 of DP Act. After investigation, police has submitted charge -sheet against the accused under sections 498A/306/34 of Indian Penal Code. The case was committed to the Court of Sessions by the learned Magistrate. After hearing of both sides, learned Trial Court framed charges under sections 498A/306/34 of IPC against the accused persons. The contents of the charges were read over and explained to them when the accused persons pleaded not guilty and claimed to be tried. To contest this case the prosecution examined as many as eleven witnesses while none was examined on the side of the defence. However, the accused persons were examined under section 313 of Cr.P.C. The defence case as it appeared from the trend of cross -examination and replies given by the accused persons at the time of 313 Cr.P.C. is denial of offence with a plea of innocence.
(3.) ON trial, the learned Trial Court convicted the present appellant by the impugned judgment. It has to be seen if the impugned judgment suffers from any infirmity and as such calls for any interference or not. Sections 498A/ 306 of IPC read as follows : "498A. Husband or relative of husband of a woman subjecting her to cruelty. ­ (1) Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation. ­ For the purpose of this section, "cruelty" means - (a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand." "306. Abetment of suicide. ­ If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine." ;