ASUTOSH DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is against a judgment and order dated 5th May, 2008 and an order of sentence dated 6th May, 2008 passed by the Additional Sessions Judge, 2nd Court, Jalpaiguri in Sessions Trial No.32 of 2003 arising out of Sessions Case No.276 of 2000, whereby the appellants Asutosh Das and Jyotsna Das have been found guilty and convicted of offence punishable under Sections 498A/302/34 of the Indian Penal Code and sentenced inter alia to suffer imprisonment for life for offence under Section 302 of the Indian Penal Code, in addition to fine of Rs.5,000/- and rigorous imprisonment for 3 years in addition to fine of Rs.5,000/- for offence punishable under Section 498A of the Indian Penal Code.

(2.) It is the case of the prosecution that the deceased married the accused appellant No. 1 on 12th February, 1996. Ever since her marriage, the deceased was subjected by her husband being the appellant No.1, her mother-in-law being the appellant No.2 and others to physical torture because of her inability to meet their dowry demands. According to the prosecution, the physical torture on the deceased increased gradually and on the morning of 9th August, 1996, ie. within 6 months of marriage, she was set on fire by her mother-in-law (appellant No.2) and others including the appellant No. 1 being her husband.

(3.) The father of the deceased, Sasadhar Chanda lodged a complaint in writing with the Inspector-in-Charge, Kotwali Police Station stating that the deceased had got married to the appellant No. 1 on 12th February (28th day of Magh) in the year 1996. Since then, the deceased had been tortured by her in-laws for dowry. On 9th August, the victim was set on fire by the persons named in the said complaint in writing including the appellants herein.