DEBASHIS CHOWDHURY @ DEBASIS CHOWDHURY Vs. STATE OF WEST BENGAL
LAWS(CAL)-2014-8-80
HIGH COURT OF CALCUTTA
Decided on August 14,2014

Debashis Chowdhury @ Debasis Chowdhury Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

- (1.) The appeal is directed against the judgment and order dated 27th February, 1998 passed by the learned Additional Sessions Judge, 7th Court at Alipore in Sessions Trial No. 12(4)/97 arising out of Sessions Case no. 15(9)/96 convicting the appellants for commission of offence under Sections 498A/306 of the Indian Penal Code read with Section 34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for two years and fine of Rs. 1,000/- each in default, to suffer further rigorous imprisonment for one month more for the offence punishable under Section 498A/34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for three years and fine of Rs.1,000/- each, in default to suffer further rigorous imprisonment for one month more for the offence punishable under Section 306 read with Section 34 of the Indian Penal Code, both the sentences shall run concurrently.
(2.) The prosecution case is as follows: Deceased Ila Chowdhury was married to Debashis Chowdhury according to Hindu Rites. Sometimes after marriage, Debashis and his mother started torturing the victim housewife physically and mentally on different issues including a demand of gifting a piece of land in favour of Debashis. When the father of the victim was unable to do so, Debashis demanded a cash of Rs.60,000-70,000/- in lieu of such land. The father of the victim was unable to pay such amount. Torture upon the victim increased in various ways. As a result she was compelled to commit suicide. The first information report being Watgunge P.S. case no. 332 dated 27th October, 1995 under Section 498A/306 was registered for investigation on the written information of P.W. 3, the father of the victim. In conclusion of investigation, charge sheet under Section 498A/306 was submitted against the appellants. The case was committed to the Court of Sessions, South 24 Parganas and transferred to the Court of the Additional Sessions Judge for trial and disposal.
(3.) In course of trial the prosecution examined twelve witnesses and exhibited a number of documents to prove its case.;


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