RAJU MITRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appellants have assailed the judgement and order dtd. 7/5/2018 and 8/5/2018 passed by the learned Additional District and Sessions Judge, Fast Track Court, Bankura in Sessions Trial No. 08(01)2017 arising out of Sessions Case No. 01(11)2016 convicting the appellants for commission of offence punishable under Ss. 498A/304B of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for ten years for the offence punishable under Sec. 304B of the Indian Penal Code and to suffer simple imprisonment for one year and to pay fine of Rs.1,000.00 each, in default, of payment of fine, to suffer simple imprisonment for three months more for the offence punishable under Sec. 498A of the Indian Penal Code; both the sentences to run concurrently.

(2.) Barely 72 days after her marriage to Raju Mitra (appellant No. 1) Ganga was compelled to commit suicide at her matrimonial house. At the time of marriage, as per demand of the appellants, Rs.20,000.00 out of Rs.35,000.00 had been given along with gold ornaments as dowry. A sum of Rs.15,000.00 was outstanding. About a month after the marriage over demands of outstanding dowry appellants being the husband, father-in-law and mother-in-law of the housewife subjected her to mental and physical torture. Two days prior to the incident on 22/2/2016 at 12 noon Ganga made a frantic phone call to her father complaining the appellants were beating her. Her father, Asim Dutta, rushed to the matrimonial home and requested the appellants not to torture his daughter. On the next day, he returned home. In the evening of that day Ganga again complained of torture over demand of dowry. On 24/2/2016, Raju, husband of Ganga, informed her father that his daughter had passed away. He rushed to her matrimonial home and was informed that Ganga had been taken to Ramsagar hospital. At the hospital, he noted marks of injuries on the body of her daughter. He lodged complaint against the appellants and one Soumen Mitra @ Gaju (brother-in-law of the deceased) alleging commission of offences punishable under Sec. 498A/304B/34 of the Indian Penal Code. In conclusion of investigation, charge-sheet was filed against the appellants and the aforesaid Soumen Mitra @ Gaju. Charges were framed against the appellants under Ss. 498A/304B/34 of the Indian Penal Code read with sec. 3/4 Dowry Prohibition Act and under Sec. 498A of the Indian Penal Code read with Sec. 3/4 of the Dowry Prohibition Act against Soumen Mitra @ Gaju. Accused persons pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined sixteen witnesses and exhibited a number of documents. Defence of the appellants was one of innocence and false implication. It was the specific defence of the appellants that Ganga was an emotional lady. She was unhappy with the financial status of her husband. Out of depression she committed suicide. To probabilise their defence, appellants examined two witnesses namely Dharani Majhi and Uday Majhi (D.W. 1 and D.W. 2). Upon appreciation of the evidence on record, learned trial Judge by the impugned judgment and order dtd. 7/5/2018 and 8/5/2018 convicted and sentenced the appellants, as aforesaid. Soumen Mitra @ Gaju was acquitted of the charges levelled against him.

(3.) Mr. Bakshi, learned Counsel appearing for the appellants, submits no independent witness has deposed regarding torture upon the victim housewife. Only family members spoke about torture. On the other hand, D.W. 1 and D.W. 2, neighbours of the appellants, deposed there was good relation in the family. Hence, torture on the housewife over demand of dowry is not proved. It is also argued victim was an emotional lady. Financial status of the appellant husband was weak. She was unwilling to marry him. Out of depression, she committed suicide. Evidence against appellant Nos. 2 and 3 (parents-in-law of the deceased) are general and omnibus. They stand on the same footing with the acquitted accused Soumen Mitra @ Gaju. Hence, appellants are entitled to an order of acquittal.