LABANYA HALDER & ANR. Vs. STATE

JUDGEMENT

(1.) Labanya Halder and his mother Kamalitbala Halder, the two appellants before us, were convicted under section 498A and 306, Indian Penal Code by the learned Additional Sessions Judge, 2nd Court, Alipore and appellant no. 1 Labanya Halder was sentenced to rigorous imprisonment for 2 years and fine of Rs. 1,000.00, in default, rigorous imprisonment for 3 month more under section 498A and rigorous imprisonment for 10 years and fine of Rs. 2,000.00, in default, further rigorous imprisonment for 6 months for his conviction under section 306, Indian Penal Code. For her conviction under section 498A, appellant no. 2 Kamalabala was sentenced to rigorous imprisonment for 1 year and fine of Rs. 500.00, in default, rigorous imprisonment for one month more and for her conviction under section 306, Indian Penal Code she was sentenced to rigorous imprisonment for 3 years and fine of Rs. 1,000.00, in default rigorous imprisonment for 3 months more The substantive sentences under the two counts were ordered to run concurrently. Briefly stated, the prosecution case was as under :

(2.) Alpana Halder (the deceased), daughter of complainant Hiralal Naskar since deceased, was married to appellant no. 1 Labanya Halder on 24.4.83. The complainant spent about Rs. 30,000.00 at the time of marriage of his daughter with Labanya. After marriage, Panchanan Halder, father of Labanya, demanded Rs. 10,000.00 as dowry from him. The complainant had no means to pay the dowry and Alpana was subjected to all sorts of ill-treatment and cruelty including physical torture due to failure of the complainant to pay the dowry.

(3.) On 7.5.84 the complainant received information from Lalu Mondal and Sankar Mondal that Alpana's dead body was found by the side of the railway track at Baruipur near southern level crossing goomty torn in pieces being run over by a train. The complainant then went to the house of the accused and made enquiries about Alpana but the accused persons did not show any interest in the matter. The complainant then went to Baruipur Police Station and lodged a written complaint. He received the dead body of Alpana from the morgue and cremated the same. The accused persons did not take part in the cremation.