SANJAY DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 7.10.1999 passed by learned Additional Sessions Judge, 2nd Court, Hooghly in Sessions Trial No. 59/1991 convicting the Appellants for having committed offence under Sections 302/120B/498A/34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for life for offence under Section 302 read with Section 34 of the Indian Penal Code and to pay a fine of Rs. 5,000/- each in default to suffer rigorous imprisonment one year, and sentenced to suffer Rigorous Imprisonment for three years and to pay a fine of Rs. 5,000/in default Rigorous Imprisonment for six months each, for having committed offence punishable under Section 498A of the Indian Penal Code and no separate sentence was passed for having committed offence under Section 120B of the Indian Penal Code. It was further ordered that substantive sentences would run concurrently. The co-accused Sukumar Santra was acquitted of all the charges.

(2.) The prosecution case is that the Appellant-accused No. 1 got married to Santi Das on the intervention of the villagers, as Santi became pregnant due to physical relationship between them prior to marriage. On getting married she went to reside at her in-law's place but she was made to stay in a room in the garden of her in-law's house and was treated with cruelty. She was not given proper food and clothing and subjected to both physical and mental torture.

(3.) Three months after the marriage Santi gave birth to twin daughters and they were named as Dolon and Champa. In spite of having delivered children she was compelled to stay in the said room of thatched roof within banana grove commonly known as 'Kalabagan' in unhygienic condition. The Appellants-accused, Sanjay Das used to stay with his family in pucca room and Santi was not allowed to cook her own meals and was required to daily collect her meal from her mother-in-law, Smt. Pushpa Das.