Tapash Mookherjee, J. - (1.) The present Revisional Application under Section 401 read with Section 397 and Section 482 of the Code of Criminal Procedure (in short, Cr. P. C.) is directed against the judgment and order of acquittal passed on 16th January, 2009 by the learned Additional Sessions Judge, 2nd Court Barasat North 24 Parganas in Sessions Trial No. 6 (3) 1996 (Sessions Case No. 14 (12) 1994).
(2.) The facts leading to the initiation of the aforesaid case may be summarised as follows:-
(3.) Late Krishna Mondal daughter of Dhirendranath Mondal of village Tyangra Colony, under P. S. Bongram, was married to one Subhas Bishwas on 16th January, 1992 according to Hindu Rites and Customs and after marriage Krishna went to her matrimonial home at village Naldugari, under P. S. Bagdah District North 24 Parganas. Krishna's father gifted several valuable articles including gold ornaments in the marriage. But within a very short period after marriage Krishna's husband as well as other members of her matrimonial home started expressing their dissatisfaction in respect of the quality and inadequacy of the articles gifted in their marriage and they started physical and mental torture upon Krishna in different ways. Krishna was not given sufficient food in her matrimonial home and she was not permitted to visit her parental home and they also raised a demand for payment of an amount of 27, 000.00 (rupees twenty seven thousand only) in cash, to buy a land and they also asked Krishna to handover all her gold ornaments. Krishna refused to accede to such unfair claims of her matrimonial home and hence torture upon her continued in her matrimonial home. Krishna's father asked for intervention of the persons who had negotiated the marriage but of no result and at some point of time Krishna's father-in-law assured her father of good behaviour towards her in her matrimonial home. But her father-in-law did not care to keep his promise. In the same year, on the day of Kalipuja, i. e., on 25. 10. 1992, Krishna was supposed to visit her parental home with her Husband but as they did not come on that day, Krishna's mother herself went to the matrimonial house of Krishna and after reaching there she came to know that her daughter took poison in the morning of that very day and was removed to local P. H. C. Krishna's parents thereafter rushed to the local P. H. C. at 4 p. m. where they were informed that their daughter was dead. Hence, Krishna's father Dhirendra Nath Mondal submitted a written complaint at Bagda P. S. and narrated therein all the aforesaid facts on the basis of which Bagda P. S. case No. 137, dated 27.10.1992 was started under Section 498 A / 306 of Indian Penal Code. against Krishna's Husband and other family members of her matrimonial home and after completion of investigation charge-sheet under Section 498 A/306 of the Indian Penal Code was submitted in the case. Thereafter the case was committed to the Court of learned Sessions Judge, North 24 Parganas from where the case was transferred to the Court of Additional Sessions Judge, 2nd Court at Barasat for trial.;