SANTOSH DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appellants have assailed the judgment and order dtd. 25/6/2008 and 26/6/2008 passed by the learned Additional Sessions Judge, Fast Track Court no. 4, Barrackpore, North 24 Parganas in Sessions Case No.24(3)/2005 convicting them for commission of offence punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code and sentencing them to suffer imprisonment for life each and to pay a fine of Rs.10,000.00 each, in default, to suffer rigorous imprisonment for one year more.

(2.) Prosecution case, as alleged against the appellants is to the effect that Rita was married to Santosh on 9/2/2003. Subhas was the husband of her sister-in-law. At the time of marriage, gold and silver ornaments, brass utensils and a cash of Rs.50,000.00 were given as dowry. After marriage the appellants and other in-laws including her father-in-law Jagadish used to subject the housewife to torture over further demands of dowry. Several times attempts were made to settle the matter peacefully but to no avail. Finally, on 18/5/2004 victim-housewife suffered burn injuries at the matrimonial home. Local people including PWs 3, 5 and 6 shifted her to hospital. At the hospital victim made dying declaration before the treating doctor namely Dr. Bhabaranjan Sikdar (PW2) and in presence of staff nurse (PW 8). Hearing the news her father Shambhu Das (PW 1) came to the hospital where she made another statement to him. On the same day victim was shifted to R G Kar Medical College and Hospital where she breathed her last at 6.10 p.m. In the meantime Shambhu Das (PW1) lodged written complaint at Jagaddal P.S being Jagaddal P.S case no. 188 dtd. 18/5/2004 under Sec. 498A/36/307 IPC against the appellants and other in-laws including father-in-law Jagadish Das. After the death of the lady, Sec. 302 IPC was added.

(3.) In conclusion of investigation charge sheet was filed and charges were framed under Sec. 302/34 IPC against the appellants and other in laws including father-in-law Jagadish Das. During trial, her father-in- law Jagadish Das and sister in law Anita Das expired. In course of trial, prosecution examined 13 witnesses and exhibited a number of documents including the dying declaration (Ext 5).