SITAL KUMAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) BOTH these appeals are directed against a judgment dated 10th February, 2006 passed by Shri S. Majumdar, Additional Sessions Judge, fast Track Court, Chandannagar, Hooghly in Sessions Trial Case No. 1 of 2005 arising out of Sessions Case No. 1 of 2005 convicting the accused Sital kr. Dey and his parents under Sections 498a/306/304b (2)/34 of the Indian penal Code and an order also passed on 13th February, 2006 sentencing the accused Sital Kr. Dey, his father Ajit Kr. Dey and his mother Smt. Jayanti dey to suffer simple imprisonment for a term of 10 years for the offence punishable under Section 304b (2) of the Indian Penal Code and to suffer rigorous imprisonment for 5 years as also to pay a fine of Rs. 1,000/-, in default to suffer further simple imprisonment for three months each for the offence punishable under Section 306 of the Indian Penal Code. Both the sentences were directed to run concurrently. No separate punishment was inflicted under Section 498a of the Indian Penal Code.

(2.) THE facts and circumstances of this case briefly stated are as follows:-On 3rd March, 1997 Pranati Malik was given in marriage to the accused Sital Kr. Dey according to the Hindu rites and customs. On 14th july, 2002 she committed suicide by consuming Endo-Sulfane, a pesticide used for agriculture. At 16. 10 hrs. on 14th July, 2002 Baidyanath Malik brother of the deceased Pranati, lodged an FIR on the basis of which a case under Sections 498a/306 was started. Baidyanath- (P. W. 1) in his statement under Section 154 Cr. P. C. stated that at the time of marriage a sum of Rs. 80,000/- in cash, gold ornaments weighing 10 bhoris and other articles were given as per demand of the. in-laws of the deceased. The in-laws were not allegedly satisfied with the dowry given at the time of marriage. They subjected his sister to mental torture. The mother-in-law of the deceased is also alleged to have resorted to physically assaulting the deceased which led her to commit suicide by taking poison.

(3.) INQUEST was held on 15th July, 2002 at 2. 30 p. m. by Shri Panchanan das, a W. B. C. S. Executive Officer (P. W. 13 ). The inquest report has been marked Exhibit-13. The inquest report contains a statement that apparently no sign of striking upon the body of the deceased was found. Mr. Das (P. W. 13)in his deposition also admitted that no mark of injury on the body of the deceased was found during inquest. Dr. Pradip Kr. Mondal (P. W. 10) conducted the postmortem examination at 3. 30 p. m. on 15th July, 2002. He had initially reserved his opinion. The viscera of the deceased was sent for chemical test. The FSL report has been tendered in evidence and marked Exhibit-12. On the basis of the viscera report it was deposed by the P. W. 10 that Endo-Sulfane was detected which is deadly and can kill a person. In his cross-examination he admitted that if a person is assaulted for half an hour before his death external injuries are bound to be there on the body. The post mortem report. (Exhibit-11) goes to show that there was no external injury found on the person of the deceased.