STATE OF WEST BENGAL Vs. SANDIP MUKHERJEE & ANR
LAWS(CAL)-2018-1-204
HIGH COURT OF CALCUTTA
Decided on January 30,2018

STATE OF WEST BENGAL Appellant
VERSUS
Sandip Mukherjee And Anr Respondents

JUDGEMENT

Joymalya Bagchi, J. - (1.) The appeal is directed against the judgement and order dated 23rd December, 1996 passed by the learned Assistant Sessions Judge, Bankura, in Sessions Trial No. 8(1)95 arising out of Sessions Case No, 3(6)94 acquitting the respondents of the charges for commission of offences under Sections 498A/306 of the Indian Penal Code.
(2.) The prosecution case as alleged against the respondents is to the effect that victim Mallika was married to Bani Mukherjee five years ago and was residing at her matrimonial home with her husband and other in-laws including the respondents, Sandip and Shila, who were the brother-in-law and sister-in-law respectively of the victim. It is further alleged that on the date of the incident i.e. 16.02.1993 there was an altercation between the victim and the respondents and that respondent no. 1, Sandip, had physically assaulted the victim in her belly. Thereafter the victim committed suicide by hanging.
(3.) P.W. 1, Manoranjan Bandyopadhyay, father of the victim and de facto complainant herein, was informed by one Mihir Kumar Chakraborty, P.W. 16 herein, that his daughter was ill. Hearing such news he went to the matrimonial home of his daughter and found her lying dead in the kitchen. He was informed by the inmates of the house that his daughter had committed suicide. He suspected that his daughter had been murdered and thereafter hanged with a rope by her neck. Accordingly, he lodged first information report against the respondents alleging that they had subjected his daughter to torture and thereafter murdered her. On his complaint, Sonamukhi Police Station Case No. 11 of 1993 under Sections 498A/302/201 dated 16.02.1993 was registered for investigation. Post mortem report of the victim was obtained and chargesheet was filed under Sections 498A/306 of the Indian Penal Code.;


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