NETAI GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellants being aggrieved against the judgment and order of conviction and sentence dated 8th December, 2016 passed by the learned Additional Sessions Judge, 5th Court at Barasat, North 24 Parganas in Sessions Case No.19(12)12 corresponding to Sessions Trial No.2(5)13 has preferred the instant appeal under the provision of Section 374 of the Code of Criminal Procedure.

(2.) The appellants were convicted for committing offence under Section 498A and 304B of the Indian Penal Code and they were sentenced simple imprisonment for two years and fine of Rs.1000/- for offence punishable under Section 498A of the India Penal Code (for short, IPC) and rigorous imprisonment for seven years for offence punishable under Section 304B of the Indian Penal Code.

(3.) On 5th August, 2011, one Nirmal Ghosh lodged a written complaint before the Officer-in-Charge Ashokenagar P.S stating, inter alia, that marriage of his daughter Soma was solemnized with Netai Ghosh (appellant No.1) on 5th Ashar 1417 B.S corresponding to 20th June, 2011. At the time of marriage the defacto complainant gave bridal presents as per his financial capacity. It was decided before marriage that the defacto complainant would give a gold chain to the appellants within six months of the said marriage. However, immediately after marriage, appellant No.1, his mother Smt. Kali Ghosh (appellant No.2) and the husband of the sister of appellant No.1 namely, Shankar Ghosh used to abuse her with filthy language. Soma used to inform the said incident over phone to the defacto complainant and other paternal relations. The husband of Soma also used to assault her physically. Shankar used to give indecent proposal to her. On 4th August, 2011 at about 7 pm the defacto complainant came to know that his daughter Soma died consuming poison. According to him Soma committed suicide failing to bear physical and mental torture on demand of dowry inflicted upon her by her husband, mother-in-law and the said Shankar Ghosh.