MONJU ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellants stand convicted under Sections 498A, 306 and 304B of the Indian Penal Code ("IPC") and sentenced to undergo Rigorous Imprisonment ("RI") for 10 years and to pay fine of Rs.5000/-. In default, to undergo further imprisonment for two years. They also stand sentenced to suffer RI for three years and to pay fine of Rs.1000/- and in default to suffer further imprisonment for three months under Sections 498A and 306 IPC.

(2.) The deceased Shanti Roy was married to Sekhar Roy on 20th February, 1994. According to the prosecution, Sekhar Roy, his mother, two sisters and brother raised a demand of Rs.5000/- and since the said demand was not fulfilled, Shanti Roy was harassed and even kept without food. On 31st July, 1995, she committed suicide by pouring kerosene and setting herself on fire. She was pregnant carrying eight months' old foetus. Chittaranjan Saha (PW1), brother of the deceased lodged First Information Report. After conducting investigation, appellants Monju Roy, Anju Roy, sisters of Sekhar Roy, Tulshi Roy, brother of Sekhar Roy, Sumitra Roy, mother of Sekhar Roy and Sekhar Roy, husband of the deceased were sent up for trial. Sumitra Roy died on 27th August, 2001 during pendency of the trial.

(3.) The prosecution examined 17 witnesses and also produced documents in support of its case. The witnesses examined included brother of the deceased PW 5 and mother of the deceased PW 14 to prove that the deceased was harassed by demand of dowry. Accepting the evidence, the trial court convicted and sentenced the three appellants as mentioned above and also Sekhar Roy who has not preferred appeal and is said to have undergone the sentence awarded to him. The High Court upheld the conviction and sentence with the modification that instead of life imprisonment under Section 304B awarded by the trial court, sentence of RI for ten years was awarded.