JAY PROKASH GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal directed against the judgment and order of conviction and sentence dated 29th April, 2011 and 30th April, 2011 respectively, passed by the Additional District and Sessions Judge, Fast Track Court No.3, Basirhat North 24-Parganas in S.T. No. 1(7)08 arising out of S.C. No. 10(9)07 whereby the appellants were convicted under Sections 498A and 304B IPC and directed to suffer three years rigorous imprisonment under Section 498A IPC and to pay a fine of Rs.2,000/- in default whereof the appellants were to suffer further rigorous imprisonment for six months. The appellants were also directed to suffer rigorous imprisonment for ten years under Section 304B IPC.

(2.) The case of the prosecution is that within 7 years of marriage the victim died an unnatural death due to the torture inflicted on her by the appellants as the demand for dowry was not met. The marriage between the appellant and the victim was solemnized sometime in 2001 i.e. three years before the incident which occurred on 7th September, 2004. The FIR was filed on 8th September, 2004 and registered. Investigation was started and on completion of investigation, charge-sheet was submitted against the appellant under Sections 498A and 304B IPC, charges were framed and as the appellant pleaded "Not guilty", trial began.

(3.) In course of trial 15 prosecution witnesses were examined and documents exhibited. No defence witness was examined.