SHIBSADAY ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THESE three appeals are directed against a common judgment dated 11th September, 1990,-passed by the learned Assistant sessions Judge, Malda, in Sessions Trial No. 27/1990 arising out of Sessions case No. 120/1987 convicting Sukumar Roy, Sukhendu Roy, both sons of late Satyagopal Roy, Ms. Anandamoyee Roy, daughter of late Satyagopal roy and Shibsaday Roy, son of Ms. Anandamoyee Roy, under Section 4 of the Dowry Prohibition Act. The said Shibsaday Roy was also convicted of the offence punishable under Section 306 of the Indian Penal Code. For the offence punishable under Section 4 of the Dowry Prohibition Act, all the convicts, except anandamoyee Roy, were sentenced to suffer rigorous imprisonment for a period of one year as also to pay a fine of sum of Rs. 2,000/- each in default to undergo rigorous imprisonment for three months each. The convict anandamoyee Roy was, however, sentenced to undergo simple imprisonment for a period of six months for the said offence. Shibsaday Roy, also a convict for the offence punishable under Section 306 of the I. P. C. , was sentenced to suffer rigorous imprisonment for a period of ten years as also to pay fine of a sum of Rs. 4,000/-, in default to undergo imprisonment for a period of further two years. In so far as punishment of Shibsaday Roy is concerned, both the sentences were directed to run concurrently.

(2.) THE facts and circumstances of this case briefly stated are as follows : shibsaday Roy is the son of the accused, Anandamoyee Roy. Anandamoyee Roy is the daughter of Satyagopal Roy. Sukumar Roy and sukhendu Roy are the sons of Satyagopal Roy. Satyagopal Roy is, thus, the maternal grand-father of the accused Shibsaday Roy. Aswini Roy, the father of the victim was Satyagopal's maternal uncle's son. Satyagopal Roy and aswini Roy were thus cousins. Jharna, daughter of Aswini Roy, fell in love with Shibsaday Roy, who at the material point of time was pursuing his studies in a college situate near the house of Jharna. It is alleged that Shibsaday Roy had physical relationship with Jharna as a result whereof she had conceived which ultimately was aborted. Jharna committed suicide on 9th February, 1985, in or near the house of Satyagopal Roy. A written complaint was lodged by sushanta Kumar Roy, elder brother of Jharna, alleging that Shibsaday Roy, also known as Ratan, was responsible for the suicide committed by his younger sister, Jharna. It is on this basis that a criminal case was started. Charge-sheet was filed against all the four convicts and the said Satyagopal Roy who died before the charges were actually framed and, therefore, the case as against him was filed. Rest of the four accused persons were tried and convicted , as indicated above.

(3.) THE learned Trial Judge, relying on the evidence of the P. Ws. 1, 9 and 10, held that all the accused persons had demanded dowry. Out of all the persons, according to the learned Trial Judge, Anandomoyee Roy was most vociferous. He, however, held that the suicide was not the direct result of the demand of dowry. It is on this basis that the accused persons, except Shibsaday roy, were kept out of the arena of Section 306 of the Indian Penal Code. As regards Shibsaday Roy, the learned Trial Judge held that the indifferent attitude of this accused was responsible or had led Jharna to commit suicide. To be precise, the views expressed by the learned Trial Judge are as follows :