JUDGEMENT
ASIM KUMAR RAY, J. -
(1.) THIS appeal is directed against an order of conviction and sentence passed in
Sessions Case No. 79(7) of 2005 wherein appellants were sentenced to suffer R.I. for
two years and to pay a fine of Rs. 1,000.00 in default to suffer R.I. for one month for
the offence punishable under Section 498A of the Indian Penal Code and also to
suffer R.I. for 10 years and to pay a fine of Rs. 3,000.00 each, in default to suffer R.I.
for 3 months for the offence punishable under Section 307 of the Indian Penal Code.
(2.) FACTUAL matrix leading to the initiation of the prosecution case is that Rita Pal got married with accused Gopal Pal 2 /3 years ago from the date of filing the
FIR by Ava Pal, mother of Rita Pal. Her husband Gopal Pal and mother in-law
Sailabala Pal started physical and mental torture upon her just after a few days of her
marriage. She was also assaulted by both of them on several occasions as the de facto
complainant , her mother failed to meet the demand of her husband Gopal for
payment of Rs. 10,000.00. On 17-9-2000 at night Gopal and his mother forcefully
made Rita consume acid as a result she became seriously ill. She was taken to
Bethuadahari Hospital and from there she was referred to Saktinagar Hospital and
later to N.R.S. Medical College and Hospital on 20-9-2000.
On the basis of the written complaint of Ava Pal, Nakashipara Police Station Case No. 180 of 2000 dated 4-11-2000 under Section 498A of Indian Penal Code
was started. On completion of investigation of the case charge sheet under Sections
498A/326/307 of IPC was filed against Gopal Pal and his mother Sailabala Pal. Charge under the said Sections of IPC was framed against Gopal Pal and Sailabala
Pal. They pleaded not guilty to the said charge and claimed to be tried.
(3.) IN order to bring the offence home to the accused persons prosecution has examined as many as 20 witnesses and in course of examination of prosecution
witnesses series of documents have been marked as exhibits. On appreciation of the
evidence on record the learned Assistant Sessions Judge, 1st Court, Krishnagar, Nadia
has found the appellants guilty, convicted them and passed the impugned sentence.
Being aggrieved this appeal is before us.;
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