- (1.) The appeal is directed against the judgement and order dated 25.11.2010 passed by the learned Chief Judicial Magistrate, Bankura convicting the appellant for commission of offence punishable under section 498A of the Indian Penal Code and sentencing him to suffer simple imprisonment for three years and pay fine of Rs. 5,000/-, in default to suffer simple imprisonment for six months more for the offence punishable under section 498A of the Indian Penal Code with a further direction that the fine amount must be paid to the de facto complainant.
(2.) The prosecution case, as alleged, against the appellant is as follows :- Nupur Chatterjee (P.W. 1) had a love affair with the appellant and such affair culminated in a social marriage on 9th Baisakh, 1409 B.S. i.e. 23.04.2002. Atthe time of marriage her father (P.W.2) gave Rs. 25,000/- cash, gold ornaments, furniture, cycle and other customary articles. Initially her matrimonial life was pleasant but after sometime the appellant and her in laws inflicted mental and physical torture upon her on demand of cash for expansion of family business. Eight months after her marriage she suffered pain in her abdomen and had to undergo an operation and expenses of the operation was borne by her father. After operation she was illtreated and insinuations were made that she would be incapable to conceive. The appellant demanded 50,000/- in cash and one Hero Honda Splender Motorcycle in order to permit her to stay at the matrimonial home. Joint conciliation was held on 28.03.2003 at the local police station and the victim returned to her matrimonial home. The appellant continued mental and physical torture on her. He used to return home inebriated at late hours in the night and used to physically assault her. On 18.05.2004 when Nupur Chatteerjee returned from a nearby temple after performing Puja the appellant physically assaulted her with a broken glass causing physical injury on her person which endangered her life. She had to be shifted from her matrimonial home and medically treated. On the basis of her written complaint, Bankura P.S. Case No. 104 of 2004 dated 19.05.2004 under section 498A/34 of the Indian Penal Code and under section 3/4 of the Dowry Prohibition Act was started against the appellant, the father-in-law, Monimohan Chatterjee, the mother-in-law, Jharna Chatterjee and sister-in-law, Ruma Das.
(3.) In conclusion of investigation, charge sheet was filed against the appellant and the other accused persons under section 498A/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. Charges were framed under section 498A/34 of the Indian Penal Code and under section 3/4 of the Dowry Prohibition Act against the appellant and other accused persons.;