DIBYENDU BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal arises from the judgment and order of conviction and sentence dated 25th November, 2008 and 27th November, 2008 passed by the Additional Sessions Judge, Fast Track Court, Tehatta, Nadia in Sessions Trial No. 11(6)/2008 arising out of Sessions Case No. 93(4)/2008 under Sections 498A and 304B IPC. By the said impugned order the appellants were sentenced to suffer rigorous imprisonment for two years under Section 498A IPC and to pay fine of Rs. 2,000/- each in default rigorous imprisonment for six months and to suffer life imprisonment and to pay a fine of Rs. 10,000/- each in default rigorous imprisonment for six months under Section 304B IPC.

(2.) The case of the prosecution is that the victim and the accused No.1 were married on 25th October, 2004 before the Registrar of Marriages and the social marriage took place on 3rd July, 2005. Within two years thereof i.e. on 1st August, 2007 the victim died as the further demand of Rs. 50,000/- by the appellants was not satisfied. For non-payment of the said sums torture was inflicted on the victim, which ultimately led to her demise. An FIR was filed on 1st August, 2007 by the defacto complainant-father with the Tehatta Police Station.

(3.) The FIR was registered and investigation initiated. On completion of investigation charge-sheet was submitted against the accused persons under Sections 498A, 304B and 306 IPC. Charges were framed under the sections mentioned above to which the appellant has pleaded "not guilty" and sought trial.