BAGESH SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Both the appeals are directed against the judgement and order dtd. 29/9/2018 and 4/10/2018 passed by the Learned Additional Sessions Judge, Fast Track 1st Court, Barrackpore 24 Parganas (North), in Sessions Trial No. 01(06)2008 corresponding to Sessions Case No. 08 (07) 2007 arising out of Bizpur Police Station Case No. 40 of 2006 thereby convicting all four appellants in C.R.A. No. 580 of 2018 and C.R.A No. 581 of 2018 for committing offence punishable under Sec. 498A/304B/34 of the Indian Penal Code, 1860 and sentenced to rigorous imprisonment for 3 years and to pay a fine of Rs.2000.00 each in default to suffer further rigorous imprisonment for 2 months for the commission of offence punishable under Sec. 498A /34 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') ; the 3 appellants namely Bagesh Sign, Devanti Devi and Smt. Kiran Singh are further sentenced rigorous imprisonment for 7 years and to pay a fine Rs.5000.00 each in default to suffer further rigorous imprisonment for 5 months for commission of offence punishable under Sec. 304-B/34 of the Indian Penal Code, 1860 and appellant Daya Sankar Singh has been sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.10,000.00 in default to suffer further rigorous imprisonment for 10 months, for the commission of offence punishable under Sec. 304-B/ 34 of the Indian Penal Code. Both the sentences are directed to run concurrently and the period of detention already undergone in course of investigation and trial is directed to be set off in terms of Sec. 428 of the Criminal Procedure Code.

(2.) Prosecution case in a nutshell is as under: that the marriage of the appellant namely Bagesh Singh with deceased Manorama Singh @ Baby was celebrated on 22/2/2004 at Madsalapur Police Station Aandar Bazar, Post Office Aandar, District Siwan, State Bihar. It is alleged that at the time of marriage one Splendor Motor Cycle, Gold Ornaments, Cash of Rs.1,00,000.00 and other valuable articles were given to bridegroom. After marriage Manorama @ Baby was brought to her in laws house at Railway Quarter No. 1209/B, Bhut Bagan, Police Station Bizpur District 24 Parganas (North). From then on, Baby was subjected to mental and physical torture by all four appellants on demand of dowry of Rs.25,000.00. Baby informed the incident of torture to her father (complainant) over telephone. That is why Baby was taken to her parental house in September 2005 by her brother Rakesh Singh @ Guddu. She disclosed entire facts of torture to her parents. Thereafter, the appellant Daya Shankar Singh came to the house of complainant at Bihar. The complainant expressed his inability to meet up to the demand and the appellant Daya Shankar Singh made the complainant understand that the Baby would not be subjected to any torture and took her back to matrimonial home. On 16/2/2006 complainant received telephonic message to the effect that his daughter Manorama succumbed to severe burn injuries at her in-laws house.

(3.) On receipt of the said complaint Assistant Sub Inspector, Pranab Kumar Goswami attached to Bizpur Police Station prepared formal FIR and started Bizpur Police Station Case No. 40 dtd. 18/2/2006 under sec. 498- A/304-B of the IPC which was endorsed to sub inspector Goutam Saha for investigation. Investigating Officer visited place of occurrence and prepared a rough sketch map with index thereof and examined available witnesses by recording their statement under Sec. 161 of Criminal procedure Code. He also collected the inquest report of the deceased in connection with Bizpur Police Station UD Case No. 08 dtd. 17/2/2006, prepared by one Executive Magistrate, seizure list dtd. 17/2/2006 and Surothal Report prepared by one Assistant Sub Inspector, Somen Mukherjee. On his transfer Investigation Officer Goutam Saha made over the charge of investigation to Sub Inspector Manik Chakraborty on 2/7/2006. He then collected Post Mortem Report of the deceased and also examined some witnesses by recording their statement under Sec. 161 of Criminal Procedure Code. He prepared a seizure list of photographs on 16/10/2006 in respect of photographs showing marriage of deceased. On completion of investigation, charge sheet being no.165 dtd. 23/12/2006 was submitted before the Jurisdictional Court against all 4 accused, i.e all 4 appellants under Sec. 498-A/304-B of the IPC.