ASHIM KUMAR BANERJEE. J. - (1.) ANJU (alias) Guddi was married to Nakuleshwar on June 29, 1999. Since after marriage, Nakuleshwar and his other members of the family subjected ANJU to physical and mental torture. On June 24, 2000, Nakuleshwar informed Nuna Pal, the sister of ANJU, that ANJU had fallen down and had been taken to nursing home in a serious condition. He later on informed that ANJU had been taken to Kharagpur State Hospital, where she had found her sister dead at the emergency. She lodged a complaint at the Police Station. ANJU was in the family way for six months before her death. According to Nuna, she had firm belief that ANJU had died due to mental and physical torture by her inlaws. According to Nuna, ANJU used to tell her that Nakuleshwar was in the habit of coming home late at night and having illicit relationship with another woman. The Police initiated a case under Section 498A read with Section 304B/ 34 of the Indian Penal Code against Nakuleshwar and other inmates of the house being his mother, two sisters and others. On completion of the investigation, the Police issue a charge sheet implicating altogether seven accused who faced trial after pleading innocence. The learned Magistrate framed the charges under Section 498A read with Section 304B / 34 of the Indian Penal Code and in the alternative, Section 302 / 34 thereof. The accused in their examinations under Section-313 stated that ANJU had fallen down in the bathroom. She had been beaten up in her paternal home by her eldest brother, on the issue of registration of an immovable property.
(2.) ACCORDING to them, Anju was physically weak as she was carrying child in the womb. Prosecution examined 15 witnesses. Nuna, PW- 1 supported her complaint. According to her, the in-laws demanded Rs. 40,000/-, however, they could pay 10,000/- only because of financial strigancy. The balance money remained unpaid. She admitted that initially there had been good relation between the couple. Things changed when Nakuleshwar started coming late at night having extra marital affair. Anju was deprived food. She was subjected to torture by the accused especially mother-in-law and sisterin- law. She felt insecure. Hence, her mother gave one room registered in her name 10 / 15 days before her death. She left for her marital home on June 21, 2000. Nuna got the information from Nakuleshwar as stated in the complaint. During cross-examination, Nuna agreed that Nakuleshwar used to repair electronic goods, and used to work in the night also on calls. She however, feigned ignorance about the controversy, Anju had with her brother, in her parental home. Pw- 2 and 3 the neghbours turned hostile. Pw-5, mother of the victim deposed that the dowry demand had been Rs. 80,000/-, out by which 10,000/- had been paid in cash and 30,000/- by way of kinds, balance 40,000/- was due to be paid. Significant to note, there was material contradiction between the mother and the daughter being Pw- 1 and 5 on this score. Pw-5 also admitted that she had registered a room in favour of Anju. On June 21, her father left her in her marital home and on June 24, she got information about the unfortunate incident from her daughter Nuna. Pw- 6, another sister Amrita Sinha supported her mother Pw-5 on the issue of dowry. According to her, since Anju felt insecure room was registered in her name in lieu of outstanding sum of Rs. 40,000/-.
(3.) PW- 8, Autopsy Surgeon found injuries on the person of the victim. After examining the F.S.L Report he finally opined that the cause of death was injury mentioned in the Post Mortem Report. In cross-examination, he admitted that the injury could be out of heamatoma being caused in case of the scalp coming in contact with any blunt object. PW-11, the brother of the victim was also consistent with her mother on the dowry. He also supported the case of transfer of room in favour of Anju by her mother. At the time of inquest PW-11, however, complained that there had been dowry demand for Rs. 80,000/- out of which 10,000/- had been paid. Court examined two witnesses. CW- 1, the father of the victim deposed that he had accompanied Anju to her in-laws. He waited there for 10 / 15 minutes, none talked to him. He however, did not make any complain to the Police before or after the death of Anju, against her in-laws. CW-2, the eldest brother deposed that his mother had given one room to Anju. He however denied that he had beaten up Anju, being annoyed on the issue of transfer of room by the mother. Significant to note, the Autopsy Surgeon deposed that some of the injuries were old.;