PRADIP HAZRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against that a judgment dated 1st March, 1996 passed by the learned Sessions Judge, 1st Court, Murshidabad in Sessions Trial No.2/Nov./1993 arising out of Sessions Serial No.58 of 1993 convicting Pradip Hazra, his father Piru Hazra, his mother Rekha Hazra, his sister Chhabi Hazra and the said sister's husband Ispat, Hazra of the offences punishable under Section 304B read with Section 34 of the Indian Penal Code as also of the offence punishable under Section 498A read with Section 34 of the Indian Penal Code. By an order dated 4th March, 1996, the convict Prodip Hazra was sentenced to rigorous imprisonment for life for the offence punishable under Section 304B read with Section 34 of the Indian Penal Code. Rest of the convicts were sentenced to rigorous imprisonment for seven years for the aforesaid offence. No separate punishment appears to have been inflicted for the offence punishable under Section 498A read with Section 34 of the Indian Penal Code. The facts and circumstances of the case briefly stated are as follows:

(2.) On 24th Falgun 1395 B.S., Mahamaya was married to Prodip Hazra, she died an unnatural death on 2nd August, 1990 i.e. to say within less than three years. An application under Section 156(3) of the Code of Criminal Procedure was filed by the brother of the deceased alleging that the In-charge of the concerned Police Station had refused to act on the complaint lodged by him. In the aforesaid application it was alleged that a sum of Rs. 4,000/- in cash was paid by way of dowry at the time of marriage and a further sum of Rs. 2000/- was promised which the parties of the complainant could not pay as a result whereof the deceased was subjected to mental and physical torture.

(3.) It was further alleged that nine accused persons named therein had administered poison to the deceased as a result whereof she complained of severe pain in the stomach. She was removed to local Primary Health Centre by the witnesses from where she was shifted to Kandi Hospital where she expired on 2nd August, 1990.