PRADIP PAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) At the outset, we are informed that the appellant No.2, viz., Smt. Tumpa Hazra in C.R.A.378 of 2013 has expired. Death certificate is placed on record. Hence, the appeal abates so far as appellant no.2, Smt. Tumpa Hazra is concerned.

(2.) The appeals are directed against the judgment and order dated 29.04.20135 and 30.04.2013 passed by learned Additional Sessions Judge, Bishnupur, Bankura in Sessions Trial Case No. 01(03)/2009 arising out of Sessions Case No.06(05) 2008 convicting the appellants for commission of offence punishable under Sections 304B/498A of the Indian Penal Code and sentencing Pradip Pal, Manu Pal and Rekha Pal (appellants in C.R.A. 595 of 2013) to suffer rigorous imprisonment for life each and to pay fine of Rs.5,000/- each, in default, to suffer further imprisonment for six months each for the offence punishable under Section 304B of the Indian Penal Code and to suffer simple imprisonment for three years each in default to pay fine of Rs.2,000/- each, in default to undergo further imprisonment for one more month each for the offence punishable under Section 498A of the Indian Penal Code and sentencing Rumpa Shyam and Tumpa Hazra (since deceased) (appellants in C.R.A. 378 of 2013) to suffer rigorous imprisonment for seven years each and to pay fine of Rs.5,000/- each, in default to suffer imprisonment for six months each more for the offence punishable under Section 304B of the Indian Penal Code and to suffer simple imprisonment for three years each and to pay fine of Rs.2,000/- each, in default to suffer further imprisonment for one month more for the offence punishable under Section 498A of the Indian Penal Code. Both the sentences to run concurrently.

(3.) Prosecution case, as alleged against the appellants, is to the effect that Piyali Sham was married to Pradip Pal on 4th Ashar 1412 B.S. according to Hindu rites and customs. A sum of Rs.40,000/- in cash, golden ornaments, golden rings and other items were given as dowry at the time of marriage. After few days, the appellants started torturing Piyali on the demand of a motor cycle by her husband Pradip. They asked her to go to her parental home and bring a motor cycle for her husband. After 2/3 months unable to bear such torture, she returned to her parental home. Dipak Sham, father of the victim (P.W.2) tried to mediate and paid Rs.10,000/- in cash. He also promised to pay the remaining amount in 2-3 months. Thereafter, Piyali returned to her matrimonial home. Torture upon Piyali, however, continued. Finally on 4th Ashar, 1413 B.S. i.e. 19.6.2006 Piyali was tortured and forced to consume poison. At 10.00 P.M., P.W.2 received information of the incident. They rushed to Patrasayer hospital and thereafter to Bankura hospital where they found Piyali lying dead. He lodged first information report at Patrasayer Police Station resulting in Patrasayer Police Station Case No.24 of 2006 dated 21.6.2006 under Sections 498A/306/34 of the Indian Penal Code. In conclusion of investigation, charge sheet was filed against the appellants under Sections 498A/306/304B/34 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act. The case was committed to the Court of Sessions and transferred to the Court of the learned Additional Sessions Judge, Bishnupur, Bankura for trial and disposal.