- (1.) This appeal is directed against a conviction and sentence passed by the IV Bench of the City Sessions Court at Calcutta on 25.4.91, in Sessions Trial No. 1/93 arising out of Sessions Case No. 65/92, on 25th April, 1994. The accused persons were convicted under Sections 498A/304B of the indian Penal Code. Babulal Korel and Shand Devi Korel were sentenced to suffer simple imprisonment of three years as also to pay a fine of Rs. 2,000/- in default to suffer further simple imprisonment of one year, under Section 498-A and further simple imprisonment for 7 years under Section 304-B of the Indian Penal Code. Both these sentences were allowed to run concurrently. The accused Sarwan Kumar Korel was sentenced to suffer rigorous imprisonment for three years as also to pay fine of Rs. 2000/-, in default to suffer further rigorous imprisonment for one month under Section 198A of the Indian Penal Code and further rigorous imprisonment for a period of 10 years under Section 304-B of the Indian Penal Code. Both these sentences were however allowed to run concurrently.
(2.) The case of the prosecution appearing from the First Information Report briefly stated is as follows:
(3.) The deceased Sarita, daughter of Kishan Lal Soni, was given in marriage to the accused Sarwan Kr. Korel, son of Babulal Korel and Shanti Devi Korel, on 30th November 1989. On 2nd October, 1990 a male child was born out of the aforesaid wedlock. On 1 st September, 1991 Sarita committed suicide. It is alleged that about six months prior to the incident Sarwan Kr. Korel asked his deceased wife Sarita to bring a lakh of rupees from her parents in order to help him start a new business. Santa asked her parents to provide this sum which they were unable to do. Physical and mental torture thereafter was commenced upon the deceased Sarita by her in-laws including the mother-in-law Shanti Devi Korel and the husband. Sarwan Kr. Korel. The torture included physical assault, abuse, misbehaviour, insults and threats with active approval of the father-in-law Babulal Korel.;