- (1.) FACTS On or about March 20, 2006 one Tirtha Kumar Dey of village Singrapur in the district of Hooghly made a written complaint to Goghat Police Station. As per his complaint, Tirtha's daughter Shampa got married with Ashok Mondal being the Appellant no.1 above named. On March 19, 2006 Shampa committed suicide at her in-laws place. Her husband Ashok, father-in-law Santinath, mother-in-law Bimola and brother-in-law Taraknath subjected Shampa to mental torture. Complainant also asserted that his daughter had committed suicide by way of hanging due to "unbearable torture". Police acted on the said complaint, held inquest and got the dead body examined by the Autopsy Surgeon being PW-17 The Autopsy Surgeon opined, "death was due to the effects of hanging as noted above - ante mortem in nature". The Police carried out the investigation and charged Asoke, Santinath, Taraknath and Bimala inter alia under Section 498-A read with Section 306 of the Indian Penal Code. All the three accused pleaded not guilty and opted to be tried. Initially, all of them were arrested. They were subsequently released. However, the husband Asoke was in custody during trial and was ultimately released by this Court on February 1, 2008. The learned Sessions Judge, Arambagh held Asoke and Bimala guilty of the offence committed under Section 498-A read with Section 306 of the Indian Penal Code. Asoke was sentenced for three years for the offence committed under Section 498-A and for a period of ten years in respect of the offence committed under Section 306, apart from the fines so imposed upon him. In case of Bimala, the punishment was for three years and seven years respectively, apart from the fines imposed upon her. The accused Santinath and Taraknath were acquitted of the charges. Being aggrieved and dissatisfied with the judgment and order of the Assistant Sessions Judge, Arambagh, in Sessions Trial Case No. 12 (IX)/2006 arising out of Sessions Case No. 41 of 2006 dated September 29, 2007, Asoke and Bimala preferred the instant appeal. Both of them were released on bail as referred to above. We heard the appeal on the above mentioned dates.
(2.) EVIDENCE PW-1 (Tirtha Kumar Dey):- The witness was a school teacher and unfortunate father of Shampa. The marriage took place on 11th Falgoon, 1411 B.S. He had to give Rs.3.2 lakhs in the marriage. It was decided that Asoke would purchase a motor cycle and gold ornaments weighing to Ten Bhories. The balance amount was to be spent by the accused for holding the marriage ceremony. The distance between two houses was about three to four miles. On March 20, 2006 the elder son-in-law (Janardan) of santi had informed over telephone that Shampa had committed suicide. Soon after marriage, the in-laws family maintained a cordial relationship with Shampa. However, after two months they started demanding "extra dowry" from Shampa. They also claimed a motor cycle from Shampa and a Cooking Gas from Tirtha. They used filthy language while abusing her. Shampa narrated the factum of torture to her mother that was later on informed to him by her (Mother). Having heard the news of torture, Tirtha discussed the matter with the family and proceeded towards the house of the accused and requested them not to do the same with Shampa. The accused became furious and started to rebuke them by using filthy languages. After receiving the information of suicide from Janardan, Tirtha proceeded to the place of occurrence and found the dead body of Shampa lying near the door of her in-law's house. The neighbours told him that on the previous night there had been loud quarrel. Radharaman Deb, a friend of Tirtha went to Goghat Police Station and submitted a written complaint as per his direction. Radharaman wrote the same and Tirtha signed it. Police held inquest of the dead body. He also identified the letter written by Shampa to her sister being Exhibit-3. He also produced History Exercise Book used by Shampa during her study. In cross-examination, he disclosed that Shampa was a post-graduate in History through Correspondence Course. The marriage was held after a one to one talk between the couple held in his place on the day of final settlement. The marriage took place after negotiation for about two years. He disclosed the History Exercise Book to prove the handwriting of the deceased appearing in her letter referred to above. After six months of marriage, Tirtha got the letter from his elder daughter through his son. Shampa was inclined to maintain her marital life. She had no intention to break the tie. He denied the suggestion that Shampa had been suffering from bronchial asthma or that she was too ill to sleep at night and as such committed suicide. He also denied the suggestion that in-laws had not tortured Shampa. PW-2 (Sudarsan Dey) :- The witness was a neighbour of Tirtha. He knew Shampa. The marriage was a negotiated one. Shampa died in her in-law's place. The witness did not have any personal knowledge about the cause of Shampa's death. He heard that the accused used to behave well with Shampa for about two/four months, then started torture upon her. He heard it from Tirtha. In January 2006 he saw Shampa coming to her parental home while weeping. On inquiry, he came to know from Shampa that she was subjected to torture by her-in-laws on the issue of demand of motor cycle and cooking gas. He also witnessed the inquest and identified his signature appearing on the Inquest Report. In cross-examination he, however, denied of any meeting being held between the couple prior to their marriage. After hearing the miseries of Shampa, they held a negotiation when accused persons assured them that it would not be repeated. Kartick and Chandi of Raghunandanpur village were present at the time of settlement. Tirtha's financial condition was good. He was educated. He was, however, not aware of the financial condition of inlaws of Shampa. PW-3 (Haradhan Dey) :- The witness belonged to Raghunandanpur village. He knew the in-laws. He knew Shampa. Shampa had a cordial relationship with her in-laws. Having heard the "hue and cry" they rushed to the place of occurrence being the house of the accused. Police was informed. He put signature on blank white paper produced by Police. He identified his signature. The witness was declared hostile at this stage. In cross-examination, he denied having told the Police that Shampa had been subjected to torture both physically and mentally. Shampa had cordial relationship with her in-laws. Shampa never stated to him that there was no meaning of her life for "respiratory disease" of her. There is one significant fact that the witness while being crossexamined by prosecution, denied that he had brought down the dead body of Shampa. In the same breath, when he was cross-examined by the accused he stated "we brought down the dead body of Shampa .." PW-4 (Kartick Kundu) :- Kartick was a neighbour of the accused. Upon hearing hue and cry he rushed to the house of the accused and found Shampa dead. Information was sent to her father as well as Police. Police told them to sign on a blank paper and they obliged. The witness was also declared hostile. According to him, Shampa had told him that there had been no meaning of her life for sufferance of respiratory problem. PW-5 (Subhendu Dey) :- Subhendu was the unfortunate brother of Shampa. He corroborated his father Tirtha on the issue of payment of dowry. He also corroborated his father on the narration of the incident. He also asserted that the accused had tortured Shampa to bring money for purchase of motor cycle, cooking gas as well as construction of residential house. He also confirmed having stated to the Police about the dowry including demand for motor cycle and cooking gas. He also confirmed having driven out from the house of the accused when they had gone there to make complain of torture. He did not stay with her elder sister, however frequent her house. Keya gave the letter to him. After going through the letter he did not inform the Police Station. He also confirmed Shampa being a Post Graduate in History through Correspondence Course. PW-6 (Madan Mondal) :- He was a co-villager of the accused. He knew Shampa. He also confirmed Shampa having committed suicide by hanging herself in the house of her-inlaws. He also put signature on blank paper supplied by the Police. He was declared hostile. He denied having been interrogated by the Police. According to him, Shampa was having cordial relationship with her-in-laws. She committed suicide as she could not bear the respiratory problem. PW-7 (Bijoli Dey) :- The witness was the unfortunate mother of Shampa. She confirmed what her husband and son had stated. She also confirmed that there had been a demand of motor cycle and cooking gas. She also confirmed Shampa having been tortured by her-in-laws. PW-8 (Keya Kundu) :- Keya was the elder sister of Shampa. She confirmed and corroborated what her parents and brother had stated. She also confirmed that money was demanded on account of purchase of motor cycle, cooking gas as well as for pakka construction of their house. PW-9 (Sudip Prokash Kundu) :- Sudip was the husband of Keya being PW-8. He also confirmed what his inlaws and his wife had stated about the incident. He also confirmed the demand of motor cycle and cooking gas. In cross-examination, he stated that Shampa used to tell Keya about her miseries over telephone. Asoke used to beat Shampa and threatened her that he would return her belongings that she had got in her marriage from her parents. PW-10 (Swapan Dey) :- Swapan was a neighbour of Tirtha. He heard that Shampa had hanged herself. PW-11 (Animesh Dey) :- Animesh was also a villager residing in Singrapur. He confirmed Shampa having been tortured severely. The accused used to rebuke her in filthy language. They used to beat her. He was a witness to the seizure. In crossexamination, he disclosed that Tirtha was his brother. PW-12 (Chandi Charan Mondal) :- Chandi belonged to Raghunandanpur. According to him, Shampa had a cordial relationship with her-in-laws. The witness was declared hostile. He denied of telling the Police about the torture. PW-13 (Radharaman Deb) :- The witness lodged the FIR after scribing the same. He scribed the complaint at the direction of Tirtha. PW-14 (Mridul Kanti Biswas) :- The witness was a Constable. He was a witness to the seizure list. PW-15 (Anil Kumar Sarkar) :- The witness was a Constable. He brought the dead body from Raghunandanpur to Arambagh and identified the same to the Autopsy Surgeon. PW-16 (Gandeo Prosad Shaw) :- The witness was the Sub-Inspector. He registered the formal FIR. PW-17 (Dr. Partha Pratim Mukhapadhya) :- The witness conducted the post mortem. According to his opinion, the death was due to the effect of hanging being ante mortem in nature. PW-18 (Dr. B.N. Kahali) :- The witness was the Head of the Department of Forensic Medicine, Burdwan Medical College and Hospital. He confirmed that the death was suicidal. PW-19 (Haradhan Chakraborty) :- The witness was the Sub-Divisional Officer. He held the inquest of the dead body. PW-20 (Dr. Tapash Bag) :- The witness was the Medical Officer who referred the dead body for Post mortem Examination. He identified his signature in the forwarding letter appearing therein. PW-21 (Debasish Dey) :- He was the hand writing expert in C.I.D., West Bengal. He examined writing of Shampa appearing in her letter and compared it with her History Exercise Book. PW-22 (Sudip Rudra) :- The witness was the Investigating Officer. He narrated in details how the investigation took place. According to him, Kartick (PW-4), Haradhan (PW- 19), Sudarshan (PW-2), Subhendu (PW-5), Madan (PW-6) made statement before him under Section 161 and thereby contradicted the hostile witnesses.
(3.) EXAMINATION OF THE ACCUSED Asoke Asoke denied payment of dowry to the extent of Rs. 3.2 lakhs. He however admitted having received 10 Bhories of gold. He was silent about motor cycle even when he was put specifically the evidence of PW-1 on the issue of motor cycle. He denied the torture. According to him, he was not at home on the day prior to her death. He also denied having any knowledge of the letter. He did not have any knowledge of the quarreling on the previous night. He heard that Shampa had been suffering from breathing trouble and every one had talked about it. He denied of any "bad relation" Shampa had with him or his family members. Bimala Bimala denied receipt of any money. She denied all the allegations brought against her. Neither Asoke nor Bimala disclosed as to why and how she had committed suicide.;