GOPAL MANTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is preferred against the judgment dtd. 30/03/2019 and the order of sentence dtd. 01/04/2019 passed by the Additional Sessions Judge, Fast Track Court, Cooch Behar in Sessions Case No. 421 of 2013 corresponding T.R. Case No. 02 (01) of 2015, arising out of Boxirhat P.S. Case No. 04 of 2010. In terms of the aforesaid judgment the Learned Trial Judge convicted the Appellant under Sec. 306 of the Indian Penal Code. In terms of the order of sentence, the Appellant was sentenced to rigorous imprisonment of five years and was also sentenced to pay fine of Rs.25,000.00 to the District Legal Services Authority, Cooch Behar in default to suffer simple imprisonment for a term of six months.

(2.) The father of the victim is the de-facto complainant who lodged written complaint in Boxirhat Police Station, Cooch Behar alleging tortures on demand of dowry and dowry death. Formal F.I.R was drawn up registering the case as Boxirhat P.S Case No. 04/2010 under Ss. 498A/304B of the Indian Penal Code. Inquest reports was prepared, post mortem examination was conducted and after completion of investigation charge sheet was filed under Ss. 304B/498A/34 of the Indian Penal Code against all the accused persons, being the husband and the in-laws of the victim.

(3.) Charges were considered under Ss. 304B/498A/34 of the Indian Penal Code which were read over and explained to the accused persons to which they pleaded not guilty and claimed to be tried. Hence, the trial began. In course of the trial prosecution examined fifteen witnesses and produced various documents which were marked and exhibited.