Indira Banerjee, J. - (1.) THIS appeal is against a judgment and order of conviction dated 22nd February, 2010 and an order of sentence dated 23rd February, 2010 passed by the Additional Sessions Judge, Fast Track Court, Kakdwip, South 24 -Parganas in Sessions Trial No. 4(10) 09 corresponding to Sessions Case No. 71(5) 2009 whereby the accused appellants have been convicted under Section 306 read with Section 34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs. 5000/ -, in default of which, they are to suffer further rigorous imprisonment for another one year.
(2.) THE case is unfortunate. A young girl aged about 18 years apparently committed suicide by consuming poison. The question is whether the accused appellants could have been held guilty of abetment of her suicide and convicted under Section 306 of the Indian Penal Code. On or about 21st September, 2008, one Biswanath Barui, father of the deceased, lodged a First Information Report in the Kakdwip Police Station wherein he complained that he along with his wife had gone out of his house at about 4 -00 A.M. On returning at 12 -30 P.M., he and his wife found the deceased lying on bed. His younger daughter, Sankari, told him that at about 8 -00 A.M., a little girl of the neighbourhood, Nani Jana, aged about 6 years, who is daughter of the accused appellant No. 1 and niece of accused appellant No. 2, came to the house of the de facto complainant and spat on his younger daughter Sankari whereupon she rebuked the child. After a while, the mother of the little girl, that is, the accused appellant No. 1 and her maternal aunt, that is, the accused appellant No. 2, both daughters of Upendranath Jana, came to the house of the de facto complainant and started quarrelling with their younger daughter Sankari and hurling abuses.
(3.) THE de facto complainant alleged that his elder daughter, that is, the deceased, protested whereupon the accused appellant told her not to show her chastity, as she had eloped with a boy working at the battery factory. They further told her that they would make sure that she was not able to show her face at school and that she would have to die by consuming poison.;