GOPAL SAHA & ANR Vs. STATE OF WEST BENGAL
LAWS(CAL)-2019-1-75
HIGH COURT OF CALCUTTA
Decided on January 17,2019

GOPAL SAHA And ANR Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

Rajarshi Bharadwaj, J. - (1.) This appeal arose out of a judgement and order dated 26th June, 2014 passed by the learned Additional Sessions Judge, 5th Court, Barasat, North 24-Parganas in S.T. No. 3(8)12 arising out of S.C. No. 1(6)12 corresponding to New Town P.S. Case No. 241 dated 7th September, 2010 convicting the accused/appellants for the offence punishable under Section 498A of the Indian Penal Code and sentencing them to suffer simple imprisonment for three years and also to pay fine of Rs. 1000/- each; in default to suffer simple imprisonment for another one month.
(2.) The fact of the case in brief is that one Ratan Rajbanshi of Netaji Pally, Jagatpur, father of the victim lodged a complaint to the New Town Police Station alleging that his daughter Ranita was married with Gopal Saha, son of late Sailen Saha of Nutan Pally, New Town P.S. on 19th February, 2009 according to Hindu rites and customs and in their marriage Rs. 50000/- in cash, gold ornaments, furniture and various utensils were given as dowry. His daughter was residing at her in-law's house but after one month of her marriage, her husband and mother-in-law started torturing on her physically and mentally. It was further alleged that his daughter sometimes used to come to his house and stated such fact. However, on 2nd June, 2010 Ranita gave birth to a daughter, but after birth of her daughter, the accused persons increased the grade of torture on her and as a result, she was compelled to commit suicide on 7th September, 2010 at 10.45 a.m. by hanging.
(3.) On the basis of the written complaint, a criminal case, being New Town P.S. Case no. 241 dated 7th September, 2010 was initiated. Investigation was started and after completion of investigation, charge sheet was submitted under Sections 498A/306/34 of the Indian Penal Code against the accused persons, who pleaded not guilty and claimed to be tried.;


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