MANTU MALIK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against judgement and order dated 25.11.2009 passed by the learned Additional Sessions Judge, 2nd Fast Tract Court, Arambagh, Hooghly, convicting the appellants for commission of offence punishable under section 498A of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for three years each and to pay fine of Rs.5,000/ - each in default to suffer simple imprisonment for six months more respectively. The prosecution case, as alleged against the appellants, is that Krishna Malik, deceased, was married to appellant no.1 on 29.6.2005 as per Hindu rites and customs. At the time of marriage cash of Rs.20,000/ - along with gold ornaments, utensils and other articles were given on demand to the appellant. After marriage Krishna went to her in -laws' house where she was residing along with the appellants in joint mess. One month after the marriage, the appellants demanded Rs.10,000/ - as further dowry and on such issue they created pressure upon Krishna. Her father was unable to pay such money. As a result, the appellants subjected Krishna to mental and physical torture. She was unable to bear such torture and took refuge at her parental home. She narrated the incident of mental and physical torture meted out by the appellants to her family members as well as the relatives and other village people. There was attempt for amicable settlement of the dispute through village 'salish'. In the course of 'salish' held at her parental home in the presence of family members and others, the appellants no. 1 and 2 assured that the victim would not be subjected to any further mental and physical torture. Thereafter Krishna was taken back to her matrimonial home. On 8.2.2006, she committed suicide by consuming poison.

(2.) On the basis of written complaint of P. W. 5, Gangadhar Roy, father of the victim, Arambagh Police Station Case No. 22 of 2006 dated 9.2.2006 under sections 498A/304B of the Indian Penal Code was registered for investigation. In conclusion of investigation, charge sheet was filed under sections 498A/304B/34 of the Indian Penal Code. The case being a sessions triable one, was committed to the learned Additional Sessions Judge, Arambagh and was transferred to the court of the learned Additional Sessions Judge, 2nd Fast Tract Court, Arambagh, Hooghly, for trial and disposal. Charges were framed under sections 498A/304B/34 of the Indian Penal Code. The appellants pleaded 'not guilty' and claimed to be tried. Defence of the appellants is one of innocence and false implication. It is the specific defence of the appellants that the victim was died due to food poisoning after taking diner in two ceremonial houses on the same day.

(3.) In the course of trial prosecution examined as many as twenty witnesses and exhibited number of documents. Defence of the appellants was that the deceased died of food poisoning after taking dinner in two ceremonial houses on the same day and not due to torture.