- (1.) THE appellant herein was the sole accused in Sessions trial No. XI (January) 2002, which was decided by the learned Additional sessions Judge, 3rd Court, Howrah. The appellant was tried for the offences punishable under Sections 498a and 302 of I. P. C. The learned Trial Judge recorded the finding of guilt under the above mentioned sections and convicted and sentenced him to suffer rigorous imprisonment for 3 years and also to pay fine of Rs. 5,000/-, in default of fine further six months simple imprisonment and rigorous imprisonment for life and also to pay fine of Rs. 10,000/- in default of fine further one year simple imprisonment for the charges respectively. The substantive sentences, however, were directed to run concurrently.
(2.) PROSECUTION version as unfolded during trial is essentially as follows : first information report was lodged by Ashoke Chakraborty (P. W. 1) on 13. 10. 98 at 22. 35 hours at Liluah P. S. According to F. I. R. , the informant is the younger brother of the deceased Anima Hazra. The deceased Anima Hazra was married to the appellant long before the incident which took place on 13. 10. 1998 in the afternoon. After marriage, the deceased came to reside at her matrimonial home situated at Jagadishpur within the limits of Liluah P. S. She was residing in the said house with her husband, sons and daughter.
(3.) ACCORDING to the prosecution qase, the appellant used to resort to physical and mental torture upon the deceased after the solemnisation of his marriage with the deceased. Prior to the incident the appellant had also beaten the deceased on several occasions under the influence of liquor.;