ANANDAMOY GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellants have preferred these two separate appeals challenging the common judgment and order of conviction and sentence imposed on them by the learned Additional Sessions Judge, Kama for the offence under Sections 304-B and 498-A of the Indian Penal Code (hereinafter called the IPC) in Sessions Trial No. 1 of 2002 arising out of Sessions Case No. 46/01. The father-in-law, the mother-in-law and the elder brother-in-law of the deceased Chandana Ghosh have preferred CRA No. 415/02 and the husband Amal Kumar Ghosh has preferred the other appeal being CRA No. 416/02. The husband Amal Kumar Ghosh was sentenced to suffer R.I. for 3 years and to pay a fine of Rs. 10,000.00 in default R.I. for one year for the offence under Section 498-A of the IPC and he was further sentenced to suffer R.I. for 10 years for the offence under Section 304-B of the IPC. Other three appellants who preferred CRA 415/02 were sentenced to suffer simple imprisonment for 2 years each and to pay a fine of Rs. 5000/- each i.d. to suffer S.I. for 6 months each for the offence under Section 498-A of the IPC and were further sentenced to suffer 7 years simple imprisonment each for the offence under Section 304-B of the IPC. We intend to dispose of both the appeals by this common judgment and order.

(2.) The prosecution story according to FIR (ext. 1), in short, is that Chandana Ghosh (the deceased) was married with Amal Kumar Ghosh, the youngest son of Ananda Mohan Ghosh of Par Sahapur within P.S. Kalna on 18-1 -1998. At the time of marriage Rs. 60000/- in cash, 13 bharies gold ornaments and other gift items and furniture worth Rs. 25,000/- were given in terms of the demands made by the bridegroom party. A few days after the marriage the accused persons started inflicting severe mental and physical torture upon Chandana Ghosh and made further demand of dowry asking the deceased to give 4 bharies gold more and a motor cycle. It was stated in FIR that the accused persons alleged that gold which was given in marriage was less in weight. When the deceased Chandana visited her father's house she told her father, her mother and neighbours that it was not possible for her to live in the house of her father-in-law and further that she was unaware how long she would remain alive. The husband Amal Ghosh had illicit relationship with other women and when Chandana raised protest she was assaulted by her husband.

(3.) On 14-10-98 Sachindra Mohan Ghosh (P.W. 1), the FIR maker and father of deceased Chandana learnt that his daughter had expired on previous night. Receiving this information P.W. -1 accompanied by his wife and other relatives went to the house of father-in-law of his daughter and found dead body of his daughter lying on the verandah of first floor. He asked the accused persons about the cause of death of his daughter and received the reply that the deceased had committed suicide. P.W. 1 wanted to know in which place and under what circumstances Chandana committed suicide but, the accused persons did not give any specific reply. The accused persons told P.W. 1 to give in writing that he had no complaint against them relating to death of his daughter but he protested to such demand and with the assistance of the villagers got post mortem examination of his daughter conducted. It was mentioned in the FIR by P.W.1 that the accused persons have murdered his daughter and they are fabricating story of committing suicide by his daughter. Out of shock and mental frustration due to the death of his only daughter he could not lodge the complaint/FIR earlier. P.W. 1 lodged the written complaint/FIR on 22-10-1998 at the Kalna P.S. and on the basis of it Kama P.S. Case No. 173/98 dated 22-10-1998 under Sections 498A/304-B/34 of the IPC was started against the four accused persons named above. After completing investigation charge-sheet was submitted under Sections 498-A/306/34 of the IPC against the appellants. The trial that followed ended in conviction and sentence of the appellants as mentioned above.