- (1.) The appeal is directed against judgment and order dated 19th September, 2008 passed by the learned Additional Sessions Judge, Fast Track Court, Amta, Howrah in Sessions Trial Case no. 128 of 2006 convicting the appellant for commission of offence punishable under Sections 498A/497 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for three years and to pay a fine of L 10,000/- in default to suffer simple imprisonment for six months more on each count with direction for both sentences to run concurrently.
(2.) Prosecution case as alleged against the appellant is to the effect that on 27th April, 2001 the appellant was married to Chaina according to Hindu rites and customs. After the marriage, China (P.W. 1) found that the appellant had an illicit relation with Karuna Bag, her sister in law. On 1st April, 2002 in the night Chaina found the appellant in a compromising position with Karuna in the latter's bed room. She raised hue and cry and consequentially she was assaulted. On the next day the appellant and the other accused persons forcibly made her consume rat poison and as a result she was admitted at Amta B.P.H.C and therefrom she was referred to Uluberia S. D. Hospital and admitted there from 2nd April, 2002 to 5th April, 2002. A salish was held on 11th April, 2002 and thereafter she went back to her matrimonial home. Her matrimonial disturbance however continued over the incident and she was driven out of the matrimonial home on 28th April, 2003. She lodged general diary no. 186 dated 4th May, 2003. On 17th June, 2003 she lodged complaint before the learned Judicial Magistrate, Amta which was sent to Amta Police Station for investigation. Pursuant to such direction by learned Magistrate, Amta police station case no. 40/03 dated 8th July, 2003 was registered under Section 498A/307/34 of the Indian Penal Code for investigation against the appellant and other accused persons, being the in laws of the victim. Charge sheet was filed under Sections 498A/307/34 of the Indian Penal Code before the learned Additional Chief Judicial Magistrate, Uluberia. The case, being a sessions triable one, was committed to the Court of learned Additional Sessions Judge, Uluberia and transferred to the Court of learned Additional Sessions Judge, Fast Track Court, Amta Howrah for trial and disposal. Charges were framed against the appellant and other accused persons under Sections 498A/497/328/307/34 of the Indian Penal Code. In the course of trial, prosecution examined as many as seventeen witnesses. The defence of the appellant and other accused persons is one of innocence and false implication. In conclusion of trial, the trial Court by judgment and order dated 19th September, 2008 convicted the appellant for commission of offence punishable under Sections 498A/497 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for three years and to pay a fine of L 10,000/- in default to suffer simple imprisonment for six months more on each count, both the sentences to run concurrently. The appellant however was, acquitted of the other charges levelled against him. The other accused persons were acquitted of all the charges.
(3.) Mr. Bhowmick, learned counsel appearing for the appellant submitted that in the meantime parties have reconciled their disputes and the matrimonial tie had been dissolved by a decree of divorce on mutual consent. Mr. Chakraborty for the victim (P.W. 1) supported such submission and prayed that the appellant maybe acquitted.;