RADHAPADA GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) APPEAL is directed against the judgment and order dated 20/21.07.2006 passed by the learned Additional Sessions Judge, Durgapur, convicting appellants and one Bankim Ghosh @ Mondal @ Banka for commission of offence punishable under Sections 304B and 498A of the Indian Penal Code and sentencing Bankim Ghosh rigorous imprisonment for ten years for the offence punishable under Section 304B of the Indian Penal Code and simple imprisonment for three years and to pay a fine of Rs. 5,000/ - in default to suffer simple imprisonment for three months more for committing offence under Section 498A of the Indian Penal Code and sentencing the appellant nos. 1 and 3 simple imprisonment for seven years for the offence punishable under Section 304B of the Indian Penal Code and one year simple imprisonment for the offence punishable under Section 498A of the Indian Penal Code and sentencing the appellant no. 2 rigorous imprisonment for seven years for the offence punishable under Section 304B of the Indian Penal Code and simple imprisonment for two years and to pay a fine of Rs. 5,000/ - in default simple imprisonment for three months more for the offence punishable under Section 498A of the Indian Penal Code, both the sentences to run concurrently.

(2.) THE prosecution case against the appellants is as follows:

(3.) P .W. 2, the brother of the victim, corroborated the evidence of torture upon the victim over demands of dowry. He proved his signature on the inquest report, which was exhibited as Exbt. 1/1. He stated to the police that his sister was subjected to torture for bringing further dowry. In cross -examination he stated that his sister died at as the time when she had a six months old child.