SWAPAN KUMAR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against a judgment dated 27 th September 2002 passed by the learned Additional Sessions Judge 2 nd Court, Nadia in Sessions Trial No. VI (February) 2002 corresponding to Sessions Case No. 34 (12) 2001 arising out Nabadwip P.S. Case No. 115 of 2000 dated 18 th October 2000 by which the learned Trial Court held the appellants guilty of the offences punishable under Section 498A and 304B of the Indian Penal Code but acquitted them of the offence punishable under Section 302. By an order dated 30 th September 2002 the learned Trial Court sentenced both the appellants to rigorous imprisonment for 2 years as also to pay a fine of Rs. 2,000/- each in default to suffer further rigorous imprisonment for 6 months each for the offence punishable under Section 498A of the Indian Penal Code. They were also sentenced to rigorous imprisonment for 10 years as also to pay a fine of Rs. 5,000/- each in default to suffer further rigorous imprisonment for 2 years each for the offence punishable under Section 304B of the Indian Penal Code. Both the sentences were directed to run concurrently.

(2.) The facts and circumstances of the case briefly stated are as follows:-

(3.) Mr. Basu, learned Advocate appearing for the appellants submitted that the prosecution has failed to prove any case under Section 498A or any case Under Section 304B of the Indian Penal Code. The appellants have already been acquitted of the charge under Section 302 of the Indian Penal Code. He, therefore, prayed for an outright acquittal. Elaborating his submission Mr. Basu contended that P.W.2, P.w.3 and P.W.4 were examined for the purpose of proving the charge under Section 302 of the Indian Penal Code. Since the charge Under Section 302 of the Indian Penal Code has failed, the evidence adduced by the P.W.2, P.W.3 and P.W.4 has become useless.