Rajen Mandal vs The State Of West Bengal
2021 Latest Caselaw 3915 Cal

Form J(2)        IN THE HIGH COURT AT CALCUTTA
                    Criminal Appellate Jurisdiction
                            Appellate Side

Present :
The Hon'ble Justice Bibek Chaudhuri


                       C.R.A.162 of 2015

                          Rajen Mandal
                               Vs.
                      The State of West Bengal


For the Appellant:     Mr. Suman De




For the State:         Mr. Saswata Gopal Mukherjee
                       Ms. Faria Hossain
                       Mr. Aniket Mitra



Heard on               : 23.07.2021



Judgment On            : 23.07.2021



Bibek Chaudhuri, J.

This is an appeal against the judgment and order of conviction

dated 24th February, 2015 and 27th February, 2015 respectively

passed by the learned Additional Sessions Judge, Fast Track Court,

Cooch Behar in Sessions Trial No.01(12) of 2009 arising out of

Sessions Case No.205 of 2009 wherein the learned Trial Judge

convicted the appellant and sentenced him to suffer imprisonment for

three years and to pay fine of Rs.5,000/-, in default, to suffer further

simple imprisonment for three months for the offence punishable

under Section 498A of the Indian Penal Code. The appellant was

further sentenced to suffer rigorous imprisonment for six years and to

pay fine of Rs.10,000/-, in default, to suffer further imprisonment for

three months for the offence punishable under Section 306 of the

Indian Penal Code. In the instant appeal, the appellant has assailed

the judgment of conviction and order of sentence.

One Dilip Das lodged a written complaint to the Officer-in-

Charge Boxirhat P. S. stating, inter alia, that marriage of his sister

was solemnized on 10th 'Magh', 1413 B.S. with the appellant in

accordance with Hindu rites and ceremonies. After marriage she went

to her matrimonial home and lived happily and peacefully with her

husband and other matrimonial relations for about two months. After

two months of marriage the appellant started putting torture upon her

for bringing money from her paternal home for the purpose of starting

a business of wooden furniture. When the wife of the appellant

refused to state the proposal of her husband, she was tortured

physically and mentally. Ultimately, the sister of the de facto

complainant compelled to inform the incident to her paternal home

and asked for money for her husband. The de facto complainant

could not satisfy her demand due to poverty. Sister of the de facto

complainant was continuously subjected to physical and mental

torture on illegal demand of money by her husband. Her sisters-in-law

also aided and abetted to commit such offence by the appellant.

Thereafter on 25th July, 2007 the de facto complainant received an

information that his sister committed suicide by hanging at her

matrimonial home.

On the basis of the said complaint Boxirhat P.S. Case No.689 of

2008 dated 15th November, 2008 was registered against the accused

under Sections 498A/306 of the Indian Penal Code. After investigation

police submitted charge sheet against the accused. As the offence

under Section 306 of the Indian Penal Code was exclusively triable by

the learned Court of Sessions, the same was committed to the

learned Sessions Court. Finally, the case was transferred to the 3 rd

Court of the learned Additional Sessions Judge, Fast Track Court,

Cooch Behar for trial.

It is revealed from the Lower Court record that the prosecution

examined fourteen witnesses to prove the charge against the

appellant. Certain documents were exhibited during trial which I

propose to refer subsequently in the body of the judgment. The

accused was examined under Section 313 of the Code of Criminal

Procedure but he did not lead any evidence in support of his defence

of denial.

I have independently examined the evidence on record.

Amongst the witnesses P.W.1 was a member of Zila Parishad of Cooch

Behar. He was a resident of the village where the matrimonial home

of the victim situates. He corroborated the fact that the victim was

subjected to torture by the appellant on demand of money. The de

facto complainant also corroborated the prosecution story in his

evidence. The incident of torture was corroborated by the local

disinterested witnesses. It is proved beyond any shadow of doubt

that the victim was physically tortured and mentally abused on illegal

demand of money by her husband and failing to bear such torture she

committed suicide. There is direct link between commission of suicide

and torture inflicted upon her by her husband.

Therefore, I do not find any reason to spill ink over the

impugned judgment and order of conviction and sentence passed by

the learned trial Judge.

Furthermore, it is reported by the learned Registrar,

Administration that during pendency of the appeal the appellant

served out the entire period of sentence and thereafter he was

released from custody.

In view of such circumstances, I do not find any merit in the

instant appeal. The appeal be and the same is dismissed on contest,

however, without costs. The judgment and order of conviction and

sentence passed by the learned Additional District & Sessions Judge,

Fast Track Court, Cooch Behar in Sessions Trial No.01(12) of 2009

arising out of Sessions Case No.205 of 2009 is affirmed.

Let a copy of this judgment be sent to the learned Court below

for information along with the Lower Court record.

(Bibek Chaudhuri, J.)