RENUBALA DEY Vs. STATE OF W B

JUDGEMENT

(1.) THIS appeal is directed against a judgment and order dated 18th August 2005 and 19th August 2005 passed by Sri Biswanath Dey, learned Additional District and sessions Judge, Fast Track Court, Jhargram, Paschim Midnapore, in Sessions Trial no. XXX/april/2005 convicting the appellants under sections 498a and 304b of the indian Penal Code read with section 34 thereof. The appellants were sentenced to suffer three years rigorous imprisonment as also to pay a fine of Rs. 15000/- each for committing offence punishable under section 498a IPC, in default of payment of fine they were directed to undergo simple imprisonment for a period of one year each. They were further sentenced to suffer life imprisonment for the offence punishable under section 304b of the Indian Penal Code as also to pay a fine of rs. 10000/- each. The amount of fine, if realised, was directed to be paid to the father of the deceased as and by way of compensation as also for the future needs of the child left by the deceased.

(2.) BRIEFLY stated the prosecution case is as follows:-The deceased Jhuma was given in marriage to Nirmal Kanti Dey, son of Sri lambodor Dey, according to Hindu rites and customs about 3? years prior to the date of the incident. The actual date of marriage is not on the record. On 9th May 2003 she is alleged to have committed suicide. The written complaint which has been marked Ext. 1 goes to suggest that the victim was killed and thereafter hanged in order to make out a case of suicide. She left a female child less than one year old. The following allegations were made in the written complaint as regards physical and mental torture coupled with demand for dowry:-

(3.) THE husband of the deceased, her parents-in-law, two sisters-in-law and brother-in-law were charged under sections 498a and 304 B read with section 34 and section 120b of the IPC. The accused Jagat Taran Paira and the accused Anima senapati were acquitted. The convicts have come up in appeal.