- (1.) This criminal appeal has been directed against the Judgment and Order dated 26.08.2002 and 27.08.2002 passed by Sri. M.K. Chaudhuri, W.B.H.J.S, Additional Sessions Judge, 3rd Court, Howrah in Sessions Trial No. LIV (JANUARY)1998 convicting the appellants under Sections 498A/34 and 306/34 of the Indian Penal Code, and sentencing them to suffer rigorous imprisonment for three years and to pay a fine of Rs.10,000/- each for the offence under Section 498A/34 of the Indian Penal Code, in default of payment of fine to undergo simple imprisonment for six months and to suffer rigorous imprisonment for Ten years and to pay a fine of Rs. 10,000/- each for the offence under Sections 306/34 of the Indian Penal Code and in default of payment of fine to simple imprisonment for one year and the substantive sentences must run concurrently and the amount of fine, if realized is to be paid to the de-facto complainant Satyen Mondal, his brother Shib Sankar Mondal and their sister Smt. Krishna Das towards their compensation.
(2.) The prosecution case, in short, is this that the victim Jharna Ganguli was married with the accused Kripanath Ganguly on 02.03.1982 and after marriage she was living with her husband, Kripanath's mother Labanya Ganguly and Kripanath's brother Dibanath Ganguly in the same family. The appellant Kripanath used to torture upon the victim Jharna both mentally and physically. The victim was a primary school teacher at Ranihati Lal Mohan Kolay Primary School. Due to torture of her mother-in-law, the victim Jharna shifted to a rented house near Chatterjee Hat out post. At that time Kripanath's earning was not good. Kripanath's brother had also no income and their family was dependent upon the income of victim Jharna. Kripanath and his brother never protested to the torture upon victim Jharna by her mother-in-law, rather they supported their mother and used to blame Jharna. While residing there Kripanath frequently used to come his mother's house leaving Jharna alone in the said rented house. Kripanath, his mother and brother used to torture upon Jharna demanding more dowry. Jharna used to bear their torture somehow but she was becoming sick gradually. About six years after Kripanath got a service in the Health Center of Udaynarayanpur and then their family lived peacefully. Jharna used to attend her school at Ranihati from Pancharul, and later on Kripanath was transferred to Howrah General Hospital, but for about eight years the family of Kripanath was being maintained with the money of Jharna. In spite of that the mental and physical torture upon Jharna was enhanced and Jharna used to disclose the torture upon her to the informant party. Ultimately on 12.10.1990 at 9.30 p.m Kripanath was standing near the house of the informant and was looking for someone and when the informant's brother was coming to take water from the tap by bucket, then Kripanath called on him and silently told him that his elder sister has hanged by rope and he was going to police station for giving intimation there and saying this Kripanath left that place. The informant's brother at once went to his sister's house and found her in hanging condition and for that reason the written complaint was lodged by the informant at the police station on 13.10.1990.
(3.) After receipt of the written complaint G.R. Case No. 2424 of 1990 was started. Police investigated into the case and submitted charge sheet against the accused persons. Thereafter the case was committed to the learned Sessions Court. On perusal of the materials on record charges under Sections 498A/306/34 of the Indian Penal Code were framed against the accused persons. The charges were read over and explained to he accused persons, who pleaded not guilty and claimed to be tried.;