SAMBHU NATH DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment dated 23-6-93 passed by the learned Sessions Judge, 2nd Bench, City Sessions Court, Calcutta in Sessions Case No. 67 of 1992 (Sessions Trial No. 1 of February, 1992) convicting the appellant under Section 302, I.P.C. and sentencing him thereunder to suffer imprisonment for life and to pay a fine of Rs. 2,000/- and in default to undergo R.I. for further six months.

(2.) Prosecution case, in short, is that on 9-5-92 at or about 2.35 p.m. P.W.1 Smt. Laxmi Karmakar lodged an oral complaint before Jorasanko P.S. alleging, inter alia, that for the proceeding one year the informant was residing as a tenant at Lankapara, Khidirpur. About 14 years prior thereto her husband died. To earn her livelihood and to maintain her children, she had to work as domestic help in various houses. She had three children. The eldest one being daughter Kalpana (since deceased) was given in marriage with the appellant and since her marriage her daughter started living at the residence of her husband being the appellant in Calcutta at the address mentioned therein. Her elder son worked in a goldsmith shop. At the time of marriage of the deceased she gave dowry to the appellant according to her capacity. Despite this, the appellant and his mother were not satisfied with the dowry and the informant could learn from her elder sister's daughter being Sibani Karmakar (P.W.8) and her elder son being Shibu alias Ashok (P.W.14) that the appellant and his mother used to torture the deceased severely in their residence at Calcutta. On the preceding 1st May P.W.14 Shibu came to his aunt's house at Paikpara, Calcutta. From there about 4/5 days ago P.W.14 Shibu came to the house of his sister being the deceased and from the deceased he could learn that the appellant and his mother were torturing her and such oppression was unbearable. Such oppression/torture was mounted upon her for dowry. According to the appellant and his mother sufficient articles/dowry were not given at the time of marriage of the deceased. On one occasion the appellant tried to kill her by throttling. However, the deceased somehow managed to escape and came out after opening the door of the house. On the previous day at about 9.00 p.m. the informant came to her sister's place. At that time, P.W.14 Shibu reported her about the aforesaid torture upon the deceased. P.W.8 Shibani also reported the informant that the deceased had told her some days ago about such torture perpetrated upon her by the appellant and his mother. On the previous day the informant stayed back with her son at the place where her elder sister used to work. However, in the morning of 9-5-92 at or about 6 O' Clock when the informant and P.W.14 Shibu were preparing to visit the house of the deceased, one Swapan Dawn being the younger brother-in-law of the appellant came and reported them that the deceased suddenly fell ill and for that reason she had been admitted in the Medical College Hospital. Soon after that the informant and her son being P.W.8 rushed to the matrimonial residence of the deceased and there he could learn from the people that in the previous night at about 1.00 a.m. deceased was brought to the Medical College Hospital and thereafter the Medical Officer of that Hospital declared the deceased to be dead. People of that area further informed the informant that the deceased was then gasping when she was taken to the Hospital. In these circumstances, the informant expressed her belief that the appellant and his mother jointly murdered the deceased Kalpana in the preceding night as sufficient articles/dowry could not be given by the informant as demanded by the appellant and his mother. On the basis of the said oral complaint, an F.I.R. was registered at the said P.S. against the appellant and his mother under Section 302, I.P.C. After usual investigation police submitted a charge-sheet against the appellant.

(3.) In course of time, the case was committed to the Court of Sessions. On transfer the case was tried in the Court of the learned Sessions Judge, 2nd Bench, City Sessions Court, Calcutta.