ANANDA TANTUBAI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application under Section 397/401 Cr.P.C. is directed against the judgment and order of acquittal passed by learned Additional Sessions Judge, Fast Track Court, Khatra in Sessions Trial No. 3(1) of 2006 arising out of Sessions case No. 3(9) of 2005 under Section 498A/304B/201/34 of the Indian Penal Code.

(2.) The prosecution case, in short, is that Ananda Tantubai lodged complaint with O.C., Indpur P.S. alleging that on 11th Baisakh, 1410 B.S. his daughter Sumitra was married with Tanu of the same village according to Hindu rites and ceremonies. Whenever Sumitra paid visit to her paternal house, the inmates of her in-laws house ill-treated and committed torture upon her. She was also assaulted by them. At the time of marriage a sum of Rs.1,10,000/- was paid as dowry. Inspite of that the sum of Rs.10,000/- was demanded from her. They also threatened her that in case of failure to pay the sum of Rs.10,000/-, they would kill her. On 20.11.2003 at about 5/6 P.M. the aunt-in-law of Sumitra came to the house of the informant and told that Sumitra was missing. The informant searched for her for 4/5 days, but, could not find her out. On 25.11.2003 at about 8/9 A.M. her dead body was found floating in a nearby pond. The information was lodged with the P.S. After receipt of the complaint the Indpur P.S. case No. 40 of 2003 dated 25.11.2003 under Sections 498A/304B/201/34 was started.

(3.) The charges were framed under Sections 498A/34/304B and 201 of the Indian Penal Code. The accused persons pleaded not guilty and claimed to be tried.