AMAL GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) On the Navami of Durga Puja in 2012, when everyone was engaged in festivities, an unfortunate 19-year-old girl put an end to her torture by hanging herself from a ceiling fan at her matrimonial home. Appellant before her us is her husband.

(2.) Prosecution case as unfolded in the First Information Report lodged by Haradhan Pandit (PW 3), father of the victim girl, is to the effect that his daughter was married to the appellant on 26 Sravan 1419 B.S. according to Hindu rites and customs. As per demand of appellant and other accuseds i.e. in-laws of the victim housewife Rupees 1 lakh in cash, five tollas of gold ornaments and other articles were given as dowry. Soon thereafter the appellant and other in-laws subjected the victim housewife to torture on further demands of dowry. She was not even given proper food. Unable to bear the torture, in the morning of 23.10.2012 she committed suicide. Around 11:00 am her father (PW 3) was informed that his daughter is no more. Hearing the news he along with his wife and others went to her matrimonial home and found her hanging from the ceiling fan in her bedroom. Pursuant to the written complaint lodged by PW 3, Gurap Police Station Case No.85/12 dated 23.10.12 under Sections 498A/304B of the Indian Penal Code was registered for investigation against the appellant and one Alok Ghosh, Renuka Ghosh and Anjali Santra i.e. brother-in-law, mother-in-law of the victim housewife and the matchmakers respectively. In conclusion of investigation, charge sheet was filed against the appellant and other accused persons under Sections 498A/304B/34 of the IPC and under Section 302/34 of the IPC.

(3.) In the course of trial, prosecution examined 16 witnesses and exhibited a number of documents. In conclusion of trial, the trial Judge by the impugned judgment and order dated 08.10.2015 and 09.10.2015 convicted and sentenced the appellant under section 498A/304B of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for three years and to pay a fine of Rs.2,000/-, in default, to suffer rigorous imprisonment for two months more for the offence punishable under Section 498A of the IPC and to suffer rigorous imprisonment for ten years for the offence punishable under Section 304B of the IPC; both the sentences to run concurrently, as aforesaid. By the self-same judgement and order the trial court was pleased to acquit the other accused persons of the charges levelled against them.