NRIPENDRA NATH DUBEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 9.4.10 and 12.4.2010 passed by the learned Additional Sesions Judge, 2nd

(2.) Court, Bankura in S. T. Case No. 01 (01) of 2007 out of Sessions Case No. 20 (03) of 2006 thereby convicting the appellant Nripendranath Dubey for committing offence under Section 498A/304 of the I. P. C. and sentenced him to suffer R. I. for three years and seven years, respectively, with fine.

(3.) Shortly, the prosecution case before the learned Trial Court was that the marriage of Seuli Dubey nee Tewari (since deceased) with Ahindra Dubey (since deceased) had taken place according to the Hindu Rites and Customs but Seuli died unnaturally in her matrimonial house on 20.6.2005, i. e. , within seven months of her marriage with Ahindra. She died because of 100% burn injury and was taken to the hospital by local people not by her husband or in laws. She was subjected to physical and mental torture in her matrimonial house so long she was alive. On the basis of one F. I. R. lodged on 20.6.2005 by the elder sister of the deceased victim Seuli, Borjara Police Station Case No. 49 of 2005 dated 20.6.2005 was started against this appellant and four others including the husband who died in course of trial under Sections 498A/304B as well as under Sections 302/34 of the I. P. C. to which they pleaded not guilty. In course of trial, 19 witnesses were examined by the prosecution. The F. I. R. , statement under Section 164 of the Cr. P. C. , inquest report, P. M. report, seizure lists, medical report, sanction to prosecution etc. were admitted into evidence and marked exhibits on behalf of the prosecution. No witness was examined on behalf of the defence. The appellant as well as co-accused simply denied the prosecution case categorising the same as false.