- (1.) The present appeal is directed against the judgment and order dated 29.4.2011 passed by the Division Bench of the Calcutta High Court in CRA No. 282 of 2001. The case of the prosecution is that a young lady named Ajmira Khatun was married to the Appellant-accused S.K. Badre Alam. She died an unnatural death on 16.5.1995. According to the prosecution, she had consumed poison due to constant torture, both physical and mental, arising out of nonpayment and/or refusal to pay dowry. On the basis of the material on record, the Trial Judge convicted the Appellant and his parents for offences punishable Under Sections 498A and 306 of the Indian Penal Code (for short the 'IPC') and sentenced them to pay a fine of Rs. 5,000/- each, in default to pay fine, to undergo simple imprisonment for two years each for offence Under Section 498A, Indian Penal Code and simple imprisonment for eight years each for offence Under Section 306 of the Indian Penal Code. The sentences would run concurrently, if fine be not realised from the accused. Feeling aggrieved of the same, the accused preferred an appeal before the High Court of Calcutta.
(2.) It transpires that the appeal preferred by the mother of the Appellant abated as she died during the pendency of the appeal in the High Court. As far as the father of the Appellant is concerned, he was convicted by the High Court for the offence punishable Under Section 498A, Indian Penal Code and sentenced to imprisonment for the period already undergone, but acquitted for the offence punishable Under Section 306, Indian Penal Code. The High Court convicted the Appellant for offences punishable Under Sections 498A and 306, Indian Penal Code and sentenced him to undergo simple imprisonment for one year Under Section 498A, Indian Penal Code but reduced his sentence to six years' imprisonment for the offence punishable Under Section 306, Indian Penal Code, with fine.
(3.) We have been taken through the record of the case as well as the evidence of the witnesses. The High Court proceeded on the basis that deceased Ajmira Khatun was being tortured constantly for demand of dowry and this led her to commit suicide. Two factors that the High Court took into consideration to uphold the conviction of the Appellant are that he and the other accused persons did not take the deceased to the hospital nor did they attend her funeral ceremony. Significantly, the doctor who conducted the post mortem on the dead body of Ajmira Khatun was not examined at the trial. He seems to have passed away in the meanwhile. But even the doctors who had treated the victim Ajmira Khatun were not examined at the trial by the prosecution.;