TAPAS KUMAR SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 4/5.10.2012 passed by the learned Additional Sessions Judge, 2nd Court, Barasat, North 24 Parganas in Sessions Case No. 15(7)10 in connection with Sessions Trail No. 4(09)10 convicting the appellant for commission of offence punishable under Section 498A/304B of the Indian Penal Code and directing him to suffer rigorous imprisonment of three years and to pay a fine of Rs. 2000/- in default to suffer further imprisonment six months for the offence punishable under Section 498A of the Indian Penal Code and to suffer rigorous imprisonment for ten years for the offence punishable under Section 304B of the Indian Penal Code, both the sentences run concurrently.

(2.) The prosecution case, as alleged, against the appellant is that the victim Sonali Debnath was married to the appellant on 30.06.2008 according to the Hindu Rites and Customs Act. At the time of marriage a cash of Rs. 10,000/-, gold ornaments, bedding and other utensils and various other articles were given as dowry. The appellant and his brother were dissatisfied with the dowry and other articles exerted pressure on Sonali to bring more money and gold ornaments from her parents. When the victim disagreed such proposal, the appellant and his brother inflicted torture on her both physically and mentally and unable to bear such torture, she committed suicide on the residence of her matrimonial home on 109.2008 at 7 PM. The sudden death of the victim cause severe mental agony and depression in the minds of the parents and after overcoming such depression, the father of the victim, Dilip Debnath (PW 1), lodged First Information Report, bearing Habra Police Station Case No. 312 dated 18.09.2008 under Sections 498A/306/34 of the Indian Penal Code and under Section 3/4 of Dowry Prohibition Act. In conclusion of evidence, charge sheet was filed against appellant and co-accused person Asit Kumar Saha and the case was committed to the court of Sessions and subsequently transferred to the Court of Additional Sessions Judge, 2nd Court, Barasat, North 24 Parganas for trail and disposal. The charges were framed under Section 498A/304B/34 of the Indian Penal Code.

(3.) The accused persons pleaded not guilty and claimed to be tried.