SAMIRANBASAK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is directed against the Judgment dated 24th March, 2008 and order of conviction dated 25th March, 2008 passed by the Additional District & Sessions Judge, Ranaghat, Nadia, in Sessions Trial No. 3 (III) of 2005 arising out of Sessions Case No. 54 (9) of 2004. The appellants have been convicted under Section 498A and 306 of the IPC. The appellant No. 1 SamiranBasak was convicted to suffer rigorous imprisonment for 2 years under Section 498A of the IPC and pay a fine in default to suffer simple imprisonment for 2 months. The said appellant No. 1 has also been convicted to suffer 4 years rigorous imprisonment under Section 306 of the IPC and to pay fine of Rs.2000/- in default suffer simple imprisonment for 2 months. The appellant No. 2 was sentenced to suffer rigorous imprisonment for 1 year under Section 498A of the IPC and to pay a fine of Rs.1000/- in default to suffer simple imprisonment for 2 months. The appellant No. 2 was also convicted to suffer rigorous imprisonment for 3 years fo under Section 306 of the IPC and to pay fine of Rs.2000/- in default to suffer simple imprisonment for 2 months.

(2.) The prosecution case in brief is that the victim Archana Basak was married to the appellant No. 1 SamiranBasak about 8 years prior to her death. The appellant No. 1 was paid dowry by the father of the victim,Sahadeb Basak (PW1) comprisngin, Rs.20,000/- in cash, 3 grams worth of ornaments, a cot, dressing table, almirah etc. The amount is stated to have been paid voluntarily. The couplewas childless. There was marital discord and a demand for more dowry and money from the appellants. The victim is stated to have been tortured physically and mentally for inability on the part of her parents to pay the dowry demanded. A meeting of the elders of the village, locally known as 'Salish' was stated to have been held 2-3 times where the father of the victim is stated to have told that he was unable to meet the demand for dowry. On the 5th September, 2002 at about 7.00 pm the victim is stated to have poured kerosene on herself and burnt herself to death.

(3.) Immediately after being informed of the incident by three persons, the parents of the victim and their son rushed to the matrimonial house of the victim and found her lying in the courtyard, burnt. They took her to theRanaghat Sub-divisional Hospital where she was declared dead.