SIKHA KAR (BAIDYA) Vs. THE STATE OF WEST BENGAL AND ORS.
LAWS(CAL)-2015-8-46
HIGH COURT OF CALCUTTA
Decided on August 21,2015

Sikha Kar (Baidya) Appellant
VERSUS
The State of West Bengal and Ors. Respondents

JUDGEMENT

Shib Sadhan Sadhu, J. - (1.) THIS appeal has been filed against the impugned judgment dated 17th January, 2014 passed by the Learned Additional Sessions Judge, 8th Court, Alipore, South 24 -Parganas in Criminal Appeal No. 15 of 2011.
(2.) THE facts have been set out in great detail in the impugned judgment and hence I am not repeating the same here except wherever necessary. It appears that on 05.05.2001 the present appellant lodged a written complaint before the Officer -in -Charge, Sonarpur Police Station, District: 24 Parganas (South) alleging ill treatment and infliction of physical as well as mental cruelty upon her by her husband (respondent No. 2 herein) and his relations during her stay in her matrimonial home at Kustia, P.S. Sonarpur, District South 24 -Parganas. On the basis of such complaint Sonarpur P.S. Case NO.99 dated 05.05.2001 under Section 498A of the Indian Penal Code was registered. That case after investigation culminated into submission of charge -sheet against the respondent No. 2 and three others under Section 498A IPC.
(3.) THE Trial Court framed charge under Section 498A IPC against all the four accused persons and proceeded with the trial. The prosecution examined seven witnesses in all. No evidence was however adduced on behalf of the defence. The Trial Court found the present respondent No. 2 guilty of the charge under Section 498A IPC and convicted him and sentenced him to suffer Rigorous Imprisonment for two years and also to pay fine of Rs. 5,000/ - and acquitted the rest three accused persons. The convicted respondent No. 2 preferred appeal and the Learned Appellate Court reversed that judgment and acquitted him by passing the impugned judgment dated 17th January, 2014. Hence the appeal.;


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