BUDDHADEB SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is at the instance of four convicts and is directed against the judgment and order dtd. 23/7/2019 passed by the High Court at Calcutta in Criminal Appeal No. 26 of 2018, by which the High Court dismissed the appeal filed by the convicts (appellants herein) and thereby affirmed the judgment and order of conviction and sentence passed by the Additional Sessions Judge, 2nd Court, Katwa, Burdwan, West Bengal in the Sessions Trial No. 13 of 2014 holding the appellants guilty for the offence punishable under Ss. 498A, 304B read with 34 of the Indian Penal Code, 1860 (for short, "the IPC"). The Trial Court sentenced them to suffer rigorous imprisonment for three years with a fine of Rs.5,000.00 each for the offence punishable under Sec. 498A of the IPC and rigorous imprisonment for a period of seven years for the offence punishable under Sec. 304B of the Indian Penal Code.

(2.) The appellant No.1 (Buddhadeb Saha) is the son of the appellants Nos. 2 and 3 resply. The appellant No.4 is the younger brother of the appellant No.1. The appellant No.1 was married to the deceased, namely, Tuli Shah. The marriage was solemnized on 24/2/2011.

(3.) On 19/9/2011, the de facto complainant-Uma Shankar Shah (PW-1) lodged an First Information Report at the Ketugram Police Station stating that his niece Tuli Shah was married to the appellant No. 1 past couple of months. He further stated that as the parents of Tuli Shah passed away while she was of a very young age, it is he who took care of Tuli Shah and brought her up. At the time of marriage, cash and gold ornaments were given to the family of the husband of Tuli Shah. However, within a short time, the appellants started harassing the deceased for want of more dowry.