- (1.) This appeal is directed against the order of conviction and sentence dated 21.03.06 passed by the learned Additional District & Sessions Judge, Fast Track Court, Bolpur, Birbhum in Sessions Trial No. 1/April/2004, corresponding to Sessions Case 181 of 2004, whereby the appellant No. 1, Nilu @ Lilu Das was convicted under Sections 498A and 304B of the Indian Penal Code and other appellants were found guilty for the offence under Section 498A of the Indian Penal Code.
(2.) Lilu @ Nilu Das was sentenced to suffer rigorous imprisonment for seven years and to pay fine of Rs.5000/- while the other appellants were sentenced to suffer R. I. for two years and seven months and to pay a fine of Rs.1000/-. The appellant challenged the sustainability of the judgment mainly on the following grounds:- (a) That there was inordinate delay in lodging in the F.I.R. and no plausible explanation was rendered; (b) That the prosecution failed to establish the cause of death of the deceased and there was no evidence whatsoever whether it was a suicidal or homicidal or post mortem or anti mortem; (c) That the learned Court erred in coming to a conclusion that the deceased was subjected to cruelty and her death was a dowry death within the meaning of Section 304B of the Indian Penal Code; (d) That the neighbouring witnesses did not support the prosecution case of torture and that the learned Court failed to take note of the fact that only the neighbouring witness examined, did not support the prosecution case; (e) That the learned Court also failed to take note of the fact that the other appellants have been living in a separate house and there is no direct and indirect evidence for inflicting torture mentally and physically on the deceased by them; (f) The judgement impugned being otherwise bad in law, is not sustainable and is liable to be set aside. A short reference to the factual background of the prosecution case is given below. Smt. Kali Dasi (P. W. 1) lodged one F.I.R. with Nanoor Police Station on 03.06.1997 written by Bipod Taran Das alleging therein that the marriage of her sister Tulu Dasi was solemnized with the appellant Nilu @ Lilu Das about a year ago and soon after her marriage, Tulu Dasi was subjected to torture in her matrimonial house both physically and mentally for demand of money from her. On 03.05.1997, upon information from Narayan Das (P. W. 4), Kali Dasi had been to the police station together with Bipod Taran Das and informed the news of death of Tulu Dasi in her matrimonial home. Being so informed from Kali Dasi, Police Officials have been to the spot and sent the dead body in the hospital. Kali Dasi also had been to the house of the appellants and found the dead body of Tulu Dasi with some marks of hanging round her throat. They came to know that Tulu Dasi committed suicide by hanging herself being depressed with the torture upon her by her husband, Nilu @ Lilu Das. On the basis of the said F.I.R., the Nanoor P. S. Case No. 61/97 dated 03.06.97 was registered under Sections 498A/304B I.P.C. The case was investigated into and ultimately, ended in a charge-sheet under Sections 498A/304B I.P.C. The appellants were arrayed to face the charge under Sections 304B and 498A to which they pleaded not guilty and accordingly, the trial commenced. The learned trial Court examined as many as six witnesses and admitted some documents on behalf of the prosecution. Upon consideration of the evidence, oral and documentary, the learned Court found the appellant Nilu @ Lilu Das guilty of the offence under Section 498A and as well as 304B I.P.C while the other appellants were found guilty of offence under Section 498A I.P.C and accordingly, their sentence was recorded by the learned trial Court. The appellants have preferred this appeal on the grounds already stated.
(3.) The F.I.R. which has been marked Exhibit 1, shows that after solemnization of the marriage of Tulu Dasi with the appellant Lilu Das, She was subjected to torture, mentally and physically, in her matrimonial house. THEre was a demand for money from the side of the appellants. On 03.05.97, Narayan Das informed Kali Dasi, the elder sister of victim that Tulu Dasi died by hanging. Kali Dasi together with Bipadtaran Das had been to the police station hearing the incident and thereafter had been to the matrimonial house of the victim Tulu and found mark of hanging around her throat, THE F.I.R. shows that Kali Dasi came to learn that Tulu committed suicide being depressed with the torture upon her. A careful reading of the FIR (Ext. 1) indicates that the allegations and aspirations of inflicting torture on the victim were not only directed against Nilu but by all his inmates, i.e., appellant Nos. 2 to 6.;