- (1.) Leave granted. This appeal has been preferred against the judgment and order dated 7th February, 2014 passed by the High Court of Calcutta in Criminal Appeal No. 127 of 2008 upholding the conviction of the appellants under Section 304 B and the sentence of life imprisonment.
(2.) It is not necessary to notice the facts in detail as the only contention pressed by learned senior counsel for the appellants is on the question of sentence. Deceased-Sonali Basak (Jhumpa) was married to appellant No. 3 about eight months prior to the occurrence which took place on 9th May, 2005. She was harassed for demand of dowry of Rs. 50,000/- and other items. This led her to commit suicide by burning. Her mother PW-5 Kalpana Das lodged FIR and supported the version of harassment for dowry, soon before the death of the deceased. This version was corroborated by PW- 6 Dulal Ghosh and other witnesses. Since the death took place within one year of marriage and there was evidence that the deceased was subjected to harassment for dowry soon before the death and the death was not natural, presumption under Section 113B of the Evidence Act was applied.
(3.) Learned senior counsel for the appellants stated that even though life imprisonment was the maximum sentence under Section 304-B, minimum sentence was seven years. The first appellant was 76 years old, the second appellant was 64 years old and both were suffering from various ailments. The third appellant was 34 years of age and all the three had been in custody for more than 11 years. Our attention has been drawn to custody certificates to that effect.;