DINESH KHAMRUI Vs. STATE

JUDGEMENT

(1.) The challenge in this revisional application is to the judgment dated 27.4.2005 passed by the learned Additional Sessions Judge, fast Track Court No.1, Uluberia, Howrah in Sessions Trial No.59 of 2004 arising out of Shyampur Police Station Case No.73 of 2003 dated 5.10.2003 whereby acquitting the opposite party No.2, Ratan Sas Mondal from the charges under Section 498A and 304B of the Indian Penal Code.

(2.) Dinesh Khamrui, the elder brother of deceased Shila Khamrui has challenged the legality, validity and propriety of the judgment impugned mainly on the following grounds;

(3.) Succinctly, the prosecution case in the learned Trial Court is that the marriage between Shila Khamrui and Ratan Sas Mondal (hereinafter referred to as opposite party) took place on 20th Sravan 1409 B.S. On 4.10.2003 at night the dead body of Shila Sas Mondal was found at Khalpar of village Radhanagar having severe cut injury on her neck. On 5.10.2003 at about 00.15 hours, two brothers of the opposite party and others communicated that news to the defacto complainant and others. The brothers of the opposite party disappeared on their way back to the spot after communicating the information to the defacto complainant and others. It was the case of the prosecution that Shila Khamrui was pressurised by the opposite party to bring money from her paternal house so that the opposite party could purchase a traker. She was also threatened with dire consequence for her failure to procure that money.