KIRAN ADAK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is directed against a judgment and order of conviction dated 19th December, 2008 passed by the Additional District & Sessions Judge, Fast Track Court, Hooghly, in Sessions Trial Case No. 22 of 2007 arising out of Sessions Case NO. 126 of 2007 convicting the appellants under Section 498A & 306 of the Indian Penal Code and under Section 4 of the Dowry Prohibition Act.

(2.) The prosecution case in short is that one Tushi Adak (nee Polley), student of Class-X, eloped from her house and got married in a local temple, to the appellant No. 1, aged about 22yrs, on 29th December, 2005 without the knowledge of the respective families. 15 days after marriage, Tushi Adak was found dead at nearby railway track, between Janai Road Railway Station and Begumpur Railway Station. The victim and the appellants were both residents of village Panchghara Bazar (Janai), P.S. Chanditala, District- Hooghly.

(3.) It is alleged in the complaint that 11 days after marriage the victim, came back to her grandfather's house complaining that the appellant No. 1, the husband, and the appellant No. 2, the mother-in-law, demanded money particularly a sum of Rs. 20, 000/- kept in form of a joint fixed deposit account in the names of victim & her father and the same was in the custody of her grandfather, Rabin Das (PW 1). The victim is stated to have been threatened and tortured both physically and mentally, by the appellant No. 2 with the connivance of the appellant No. 1.