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2013 DIGILAW 601 (GAU)

Keshob Bora v. State of Assam

2013-08-21

B.D.AGARWAL

body2013
JUDGMENT B.D. Agarwal, J. 1. The judgment dated 12.6.2012 passed by the learned Sessions Judge, Jorhat in Sessions case No. 153(JJ) of 2008 is under challenge in this criminal appeal. By this impugned judgment the appellant has been convicted under Section 306 of the Indian Penal Code and he has been sentenced to undergo Rigorous Imprisonment for eight years and to pay fine of Rs. 20,000/- with default stipulation of further RI for six months. Being aggrieved by the conviction and sentence, the appellant has preferred this appeal. Heard Mr. AM Bora, learned counsel for the appellant and Mr. BJ Dutta, learned Addl. PP, Assam. Also perused the judgment and evidence on record. 2. The prosecution case is that the marriage of the deceased took place with the appellant in the year 2004 and the deceased committed suicide in the house of the accused on 1.2.2007. Altogether 10 (ten) witnesses were examined to establish the aforesaid case. It is true that the doctor and scientific officer could not give any opinion as to how the deceased died. However, during autopsy the doctor found the membranes congested and petechial hemorrhage. 3. The informant has stated that he was reported that his sister had committed suicide by way of hanging. PW 3 is the Panchayat Secretary who has also deposed that she got the information that the deceased died due to hanging. In view of the autopsy findings and other evidence I hold that the deceased had committed suicide. However, there is no evidence on record that the accused had abated the said offence. In my considered opinion, physical and mental torture at regular intervals may be an offence under Section 498(A) IPC but the offence does not fall under Section 306 IPC. Hence, the conviction of the appellant under Section 306 of the IPC is set aside. 4. Section 222(2) of the Cr.P.C. permits the court to convict a person for a minor offence if the evidence and facts prove the said offence. 5. In the case before me the victim's brother (PW 1) has given elaborate testimony that his sister was mentally and physically tortured since after one month of the marriage. Because of such torture the victim had returned from the marital home on few occasions. However, she was persuaded to resume the marital relationship. 5. In the case before me the victim's brother (PW 1) has given elaborate testimony that his sister was mentally and physically tortured since after one month of the marriage. Because of such torture the victim had returned from the marital home on few occasions. However, she was persuaded to resume the marital relationship. Finally on 31.1.2007 the victim had taken shelter at Cinamara police out post and the police also persuaded the husband to take back his sister. Accordingly, the victim again went to the house of the appellant and committed suicide on 1.2.2007. 6. In view of the continuous torture upon the deceased I hereby convict the appellant under Section 498(A) of the IPC. Since the accused has completed 14 (fourteen) months of custody after the judgment and also keeping in mind that the he is also looking after the minor child I hereby sentence the appellant for the period already undergone during the period of investigation and after passing of the judgment. In addition to the substantive sentence the appellant is directed to pay compensation of Rs. 20,000/-(Rupees twenty thousand) only to the victim's family within a period of two months from to-day. In default of payment of compensation, the appellant shall undergo further RI for 3 (three) months. 7. With the aforesaid modification in the conviction and sentence the appeal stands dismissed. Return the LCRs with a copy of this judgment to the trial court immediately. Appeal dismissed