SUDIPTA SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against a judgment and order of conviction and sentence dated 26.03.2013 passed by the learned Additional Sessions Judge, Fast Track Court-III, Krishnanagar, Nadia in Sessions Trial No. XI (February), 2011, thereby convicting the present appellant on a charge under Section 498A of the Penal Code and sentencing him to suffer simple imprisonment for three years and to pay a fine of Rs. 5,000/-, in default to suffer simple imprisonment for two months. It is germane to mention that by the same order, the three other accused in this case were acquitted of all charges and the present appellant was acquitted of the charges under Sections 302 and 306 read with Section 34 of the Penal Code.

(2.) On 07.03.2010, PW 1, the elder sister of the victim deceased, lodged a First Information Report against the present appellant and four others under Section 302 read with Section 34 of the Penal Code. It was alleged that the appellant and the victim were both teachers in the same school. They fell in love and got married. After marriage the couple started residing in the house of PW 4. The accused started inflicting mental cruelty on the victim. They wanted the victim to leave the job of teaching at Santipur and to join at Karimpur. On 07.03.2010 at about 1 p.m. information came that there was a dispute in the matrimonial home of the victim. After going there, the defacto complainant found the victim dead.

(3.) Pw 13 held inquest on the dead body of the victim in the presence of PWs 1, 3, 10 and another. A magisterial inquest was subsequently conducted by PW 8 in the presence of PW 10. On 08.03.2010, PW 7 conducted the post mortem examination on the victim deceased. He cited asphyxia following ante-mortem hanging, which was suicidal in nature, as the cause of death. After completion of investigation, a charge-sheet was submitted against all the accused under Section 302 read with Section 34 of the Penal Code.