TOUFIQUE UDDIN,J - (1.) THIS appeal arose out of judgment and order of conviction dated 29.04.1988 passed by learned Additional Sessions Judge, Fourth Court, Burdwan in Sessions Trial No. 8 of 1988 arising out of Sessions Case No. 61 of 1988 convicting the appellant for commission of offence under Section 494 of the Indian Penal Code and sentencing to suffer rigorous imprisonment for two years and to pay fine of Rs.2,000/ - with default clause.
(2.) IN the background of this appeal, the fact in a nutshell is as follows: - One Kalpan Gupta was married was on 14th Ashar, 1392 BS to one Paresh Gupta at her father's place at Debagram. After marriage she came to her matrimonial home and there she came to know about the first marriage of Paresh with one Ranu Gupta of Khrigram. The fact of his marriage was not disclosed to Kalpana before her marriage. After marriage in her matrimonial home all the accused persons used to torture her physically and mentally. It was alleged that the accused persons made a conspiracy on 01.09.1985 in order to commit murder of Kalpana Gupta wife of Paresh Gupta and in pursuance thereof on 02.09.1985 they attempted to commit murder to Kalpana Gupta by forcibly trying to administer poison. On 01.09.1985 at about 09.00 p.m. Kalpana heard that all the accused except her husband were conspiring to administer poison with Snanjal (sacred water) in order to kill her. In pursuance thereof on 02.09.1985 at about 10.00 am. Her mother -in -law tried to feed her Snanjal (sacred water) but she refused. Then the accused persons together began to force her to take sacred water and inspite of that when she refused they began to beat her and as a result she became senseless. She regained consciousness and took shelter in a house within the same locality. The women folk of that house where she took shelter persuaded her to return to her matrimonial home. The same day i.e. on 02.09.1985, Arun Chowdhury informed her brother Sunil Sain. Accordingly, Sunil Sain came to the house of Paresh and took Kalpana to her father's house and she lodged a complaint.
(3.) THE learned magistrate committed the case to the learned Court of Sessions. Thereafter the learned Trial Court on hearing both sides framed charge under Sections 307/120B/34 of the Indian Penal Code against all the accused persons and the accused Paresh Gupta was further charged for commission of offence under Section 495 of the Indian Penal Code. The contents of the charge were read over and explained to the accused persons who pleaded not guilty and claimed to be tried.;