(1.) P.N. Sinha, J.-This appeal is directed against the judgment and order of conviction passed by the learned Judge, 12th Bench of City Sessions Court, Calcutta in Session Trial No. 1 of May, 1985 (Sessions Case No. 15 of 1984) whereby the learned Judge sentenced the appellants to suffer rigorous imprisonment for 8 years each and to pay a fine of Rs. 25,000/- each in default to suffer rigorous imprisonment for one year more for offence under section 306/34 of IPC. During pendency of the appeal the appellant No. 1 Surajmal Banthia has expired and the appeal against him has abated. Therefore, only appellant No. 2 Smt. Doli Devi Banthia is before us in this appeal and we are to consider whether the judgment and order of conviction and sentence imposed on the appellant is sustained in law and fact.
(2.) The prosecution case, in short, is that Kusum Bothra (Banthia), the daughter of Dhanraj Bothra (PW 1) and Mr. Mohini Bothra (PW 2) was given in marriage with Indrajit Banthia, son of the appellant on 19th April, 1980. After marriage of Kusum Banthia her husband and parents of husband started physical torture on her and ill treated her. On 15.9.1982 at about 18.15 hours PW 1 and 2 received information over phone from Bijoy Singh Baid (PW 5) that Kusum Banthia (deceased) fell unconscious in her in-laws flat at 132/1, M.G. Road. Accordingly, PW 1 and 2 rushed to the flat of father-in-law Kusum Banthia and found their daughter Kusum lying unconscious on bed. PW 1 did not find pulse beat or heart beat of Kusum and at his request Kusum Banthia was removed to Marwari Relief Society Hospital where she was declared brought dead at 19.35 hours on 15.9.1982. The inquest and post mortem examination were made on 16.9.1982 and the autopsy surgeon who held the post mortem examination opined that death was due to poisoning. It was learned that the deceased Kusum Banthia committed suicide by consuming poison. S.I. of Police S. Roy of Jorasankho P.S. lodged suo motu FIR (Ext. 6) and on the basis of it Jorasankho P.S. Case No. 487 dated 16.9.1982 under section 306/34 of IPC was started. After completing investigation the police submitted charge-sheet against Surajmal Banthia (deceased) and Doly Debi Banthia and after trial the learned Judge held them guilty under section 306/34 of IPC and convicted them to suffer rigorous imprisonment for 8 years each and to pay fine of Rs. 25,000/- each in default to suffer rigorous imprisonment for one year more as already mentioned earlier.
(3.) Mr. Bhaskar Sen learned advocate appearing for the appellant contended that the judgment and order of the conviction is bad in law and there was no evidence at all that the appellant subjected the deceased Kusum to cruelty. The deceased Kusum Banthia stayed in her in-laws house for a very brief period as from evidence it transpires that three months after marriage she returned to her parents house and stayed there for six months. Evidence further discloses that she had been to Rajasthan twice with her in-laws and she also went to Rajasthan once with her parents on the occasion of her youngest sister Suman's marriage. From evidence of witnesses it further transpired that Kusum and her husband Indrajit lived separately for about two months at 24, Banstola Lane. Barring a casual statement that in-laws tortured her physically and mentally and demanded more money, ornaments and other valuables. There is nothing in evidence to establish that the appellant perpetrated physical and mental torture on her amounting to abetment to commit suicide. PW 1 Dhanraj Bothra uttered names of three persons namely Manik Banthia, Kamal Singh Bhutoria and Manik Babu's employer Mohorlal Mohta and requested them to settle the dispute concerning his daughter but none of these three persons were examined. PW 1 also uttered name of Bijoy Singh Baid but, PW 5 Bijoy Singh Baid did not state anything about torture on deceased Kusum by the appellant.