PARITOSH BARMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Rimpa, the unfortunate housewife who had given up ties with her own family to seek love with Paritosh, her husband (appellant no.1) met an unfortunate end even before the first anniversary of marriage. The fact in a nutshell is the substratum of the prosecution case. Rimpa and Paritosh were students of Bidyabhawan High School. They fell in love and married each other on 20.9.2010 against the wishes of parents of the victim housewife. About two months later her parents P.W 1 and 2 accepted the marriage and it is alleged on the demand of husband and in laws four bhories of gold ornaments, one cot, almirah, dressing table, showcase, utensils and beddings etc. were given as per demand of the appellants. One month later, Paritosh, husband of the housewife demanded Rs. 50,000/- to start a business. Malay, father of the victim (P.W.1) was unable to meet such demand immediately. As a result, the deceased was physically assaulted by Paritosh at the instigation of other in laws who did not provide adequate food to her. Victim housewife went her parental home and narrated about the torture to her parents and others. On the fateful day i.e. 18.9.2010 , younger sister of the victim housewife and her cousin Jhutan Dey went to her matrimonial home. Upon returning, Jhutan informed P.W 1 that Rimpa was unhappy at the matrimonial home. Around 10 p.m. Jogesh Barman, father in law of the victim housewife informed P.W.1 that victim was unwell. As they were preparing to go to her matrimonial home, P.W.1 received another phone call and was informed she had been admitted at MJN hospital. He rushed to the hospital and found the victim lying in a senseless condition and frothing from her mouth. Attending doctor declared her dead. None of the appellants were present at the hospital. On the written complaint P.W.1, Kotwali Police Station Case No. 732 of 2010 dated 20.9.2010 was registered under Sections 498A / 306 of the Indian Penal Code. In conclusion of investigation, charge-sheet was filed and charges were framed under Sections 498A / 304B IPC against the appellants. Appellants pleaded not guilty and claimed to be tried. It was the specific defence of the appellants that the victim had fallen ill and had suffered a natural death. In the course of trial, prosecution examined 13 witnesses and exhibited a number of documents. On an analysis of the evidence on record, the trial Judge by the impugned judgement and order dated 19th/20th July, 2017 convicted the appellants for commission of offence punishable under Sections 498A / 304B of the Indian Penal Code and sentenced them to suffer rigorous imprisonment for three years and to pay fine of Rs.5,000/- each, in default, to suffer rigorous imprisonment for three months each for the offence punishable under Section 498A IPC, to suffer rigorous imprisonment for ten years and to pay fine of Rs.10,000/- each, in default, to suffer rigorous imprisonment for six months more for the offence punishable under Section 304B IPC, both the sentences shall run concurrently. Hence, the present appeal.

(2.) Dr. Adhikari, learned advocate appearing for the appellants argued that the evidence on record with regard to cruelty on demand of dowry is most sketchy and does not satisfy the ingredients of the alleged offences. It is submitted the best evidence was withheld as cousin Jhutan Dey and younger sister of the deceased were not examined and the circumstance prevailing on the day which led to the unfortunate end of the victim remained undisclosed. Medical records of her treatment at MJN hospital have also not been produced. In the absence of chemical examiner's report, opinion of the doctor that the victim died due to poisoning is inconclusive. Hence, the appellants are entitled to an order of acquittal.

(3.) Mr. Maiti along with Ms. Mitra appearing on behalf of the State argued that the evidence on record particularly that the parents of the victim housewife (P.W.s 1 and 2) show that her short matrimonial life was punctuated with repeated demands of dowry. Lastly, Rs. 50,000-/- was demanded by the husband for starting a business and as such amount was not paid, she was subjected to cruelty which resulted in her unnatural death. Materials on record particularly that evidence of post mortem doctor (P.W.6) clearly rules out a case of natural death of the deceased. Prosecution case has been fully established and the order of conviction and sentence calls for no interference.