- (1.) THIS appeal is directed against a judgment and order dated 3rd September, 1987 passed by the learned Assistant Sessions Judge, Kalna in Sessions Trial No. 4 of 1987 arising out of Sessions Case No, 325 of 1986 convicting the accused Amal alias Nirmal Dutta and arun Basak for the offence under Section 306 of the Indian Penal Code and an order passed on the same day sentencing them to rigorous imprisonment for a period of eight years as also to pay fine of Rs. 3,000/- each in default of payment to undergo further imprisonment for a term of two years each. The amount of fine, if realised, was directed to be paid to the mother of the victim.
(2.) THE facts and circumstances of the case briefly stated are that Basanti fell in love with the accused Amal also known as nirmal Dutta. She was given in marriage to the said Nirmal Dutta by her maternal uncle. A male child was born. Within five years of marriage she committed suicide by consuming poison. The allegation of torture is there which principally is that Amal developed extra-marital relationship with Sabita who happened to be the widowed sister of the accused Arun. The allegation against Arun is that he actively encouraged Amal alias nirmal to proceed with the extra-marital affair with the said Sabita.
(3.) THE fact that Basanti committed suicide is not in dispute. As a matter of fact, p. W. 2 Manimala, a sister of the deceased, was suggested as follows during her cross-examination : - -"not a fact that she had to commit suicide due to our disliking and criticism. ";