PRANAB DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against order of conviction and sentence dtd. 19/1/2021 and 20/1/2021 passed by the Additional Session Judge 1st Court, Katwa in Sessions Trial No.06/2014 arising out of Sessions Case No. 38/ 2013 in connection with Katwa Police Station Case No. 141/2012 dated under Sec. 498A/306 of the Indian Penal Code (for short IPC) read with Sec. 3/4 of Dowry Prohibition Act, convicting the appellant under Sec. 498-A/304-B of the IPC and sentencing him to rigorous imprisonment for ten years (10) for the offence under Sec. punishable 304-B of the IPC without imposing any separate sentence for the offence under Sec. 498- A IPC in view of the principle enunciated in Shanti vs. State of Haryana (1991) Criminal Law Journal 1713 (SC).

(2.) According to prosecution case, after the marriage of appellant Pranab Das with Anita Das, deceased 8/9 years back, she was being harassed and ill treated by the appellant and his other relatives in connection with demand of Rs.20,000.00 for business purpose, as a result of which she committed suicide by consuming poison on 16/5/2012. The written complaint was lodged by PW-1 Smt. Pratima Das before the Officer in charge at Katwa Police Station. After inquiry, on 16/5/2012 FIR (Exhibit-4) was registered against the appellant under Sec. 498A/306 of IPC. During investigation inquest (Exhibit-2) was performed over the dead body. Post Mortem (Exhibit6) on the dead body of the deceased was conducted by the doctor (PW-11) attached to Katwa Sub Divisional Hospital District Burdwan who noticed the cause of death was due to cardio respiratory failure in case of organo phosphorus poison. Sketch map was prepared vide Exhibit -7, certain articles were seized (Exhibit-8) and statements of witnesses were recorded.

(3.) After completion of usual investigation, charge sheet was filed against all seven (7) appellants under Sec. 498A/306 of the IPC read with sec. 3/4 Dowry Prohibition Act. The Trial Court framed charge under sec. 498A/306 of the IPC against all seven (7) accused persons, which was denied by them. They pleaded innocence and claimed to trial.