SRI JAYANTA CHAKRABORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been filed against the judgment and order of conviction and sentence dated 30th August, 2003 passed by the Additional Sessions Judge, 2nd Court, Hooghly in Sessions Trial No. 10 of 1991 whereby the appellants have been sentenced to suffer rigorous imprisonment for life with a fine of Rs. 5,000/- each in default to suffer further rigorous imprisonment for six months under Section 302 IPC and to suffer rigorous imprisonment for two years with a fine of Rs. 1,000/- each in default to suffer further rigorous imprisonment for one month under Section 498A IPC and to suffer rigorous imprisonment for five years with a fine of Rs. 2,000/- in default to suffer further rigorous imprisonment for two months under Section 201 IPC. All the sentences were to run concurrently. The appellants are aggrieved by the said order of conviction and sentence and therefore this appeal has been filed.

(2.) The case of the prosecution is that the victim girl and the accused No.1 had a love marriage which was solemnized at the Seoraphuli Kalibari and after the marriage the victim girl and the accused No. 1 stayed in the sister's house. After 8 to 10 days the appellant No.1 came to his ancestral house which became the matrimonial home of the victim girl. After the marriage certain articles were given as dowry but mental and physical torture was inflicted on the victim girl not only by the appellant No.1 but also the appellant Nos. 2 and 3. On 10th December, 1988 the defacto complainant was returning to his house from the market at about 8-20 A.M. when he heard the cries of the appellant No.1 and his mother saying "More Gelo, More Gelo".

(3.) Thereafter he was informed by the para people that the victim girl had been killed in the kitchen by being set on fire. An FIR was filed on 10thDecember, 1988 by the defacto complainant and Serampore P.S. Case No. 15 of 1988 was initiated under Sections 498A/302/201/34 IPC read with Section 13 of the Dowry Prohibition Act.