SAJAL KANTI DUTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The three appellants herein called in question the legality of the judgment and order dated 7.9.2012 passed by the learned Additional Sessions Judge, (FTC), Karimganj in Sessions Case No. 39/2010, convicting the appellants under Section 304B/302 IPC and sentencing them to undergo imprisonment for life and to pay a fine of Rs. 2,000/- each, in default, simple imprisonment for further period of 3 months. Heard Mr. S.K. Medhi, learned counsel appearing for the appellants. Also heard Ms. B. Bhuyan, learned Addl. Public Prosecutor, Assam appearing for the State respondent.

(2.) The prosecution case in brief is that an FIR was lodged by Sri Subhendu Sekhar Das on 24.10.2006 before the Officer-in-Charge (O/C for short), Badarpur Police Station, Badarpur alleging that on that day itself at about 6-30 PM, accused Manna Dutta informed his maternal aunt Sathi Suklabaidya over phone that if they wanted to see his sister Ruma Dutta alive, they should go to the Civil Hospital forthwith. After getting the information, the informant along with his parents, his maternal uncle and aunt and other neighbours rushed to the civil hospital and found his sister dead. He believed that the accused persons named in the FIR had killed his sister and took her to the civil hospital. Since the solemnization of marriage, the accused persons had been torturing his sister for dowry. She had continued to tolerate such torture for the last 3-4 years and was maintaining her family life. She gave birth to a male child who has attained the age of 21/2 years. During her occasional visit to her parental house, his sister used to tell them that the accused persons had tortured her on the ground that inadequate dowry had been given at her marriage.

(3.) Upon receipt of the FIR so lodged, police registered a case being Badarpur PS Case No. 151/2006 under Section 304(B) IPC and started investigation. On completion of investigation, charge sheet was submitted under Section 304(B) IPC against the accused appellants for their trial.