- (1.) This appeal is directed against a judgment and order dated 24th March, 1998 passed by the learned Additional Sessions Judge, 4th Court, Nadia at Krishnagar, in Sessions Trial No. V of May 1997 corresponding to Sessions Case No. 2(12) of 1993 by which the learned Trial Court convicted six of the accused persons of offences under section 498A and 304B of the Indian Penal Code. By an order dated 25th March, 1998 the learned Trial Court sentenced all the convicts to suffer simple imprisonment for three years as also to pay a fine of Rs. 2,000/- each, in default of payment of fine to undergo a further simple imprisonment for three months each for the offence punishable under section 498A IPC. The convicts were also sentenced to suffer simple imprisonment of ten years each for the offence punishable under section 304B of the Indian Penal Code.
(2.) The facts and circumstances of the case briefly stated are as follows: On 15th February, 1990 Mukti was married to the accused Shyamal Acharya according to Hindu Rites. Dowry was given. On 10th January, 1992 the complainant party received a news at about 11.30 p.m. from one Ramen Halder that the said Mukti was seriously ill. They rushed to the matrimonial home of Mukti and found her dead lying in a Cot. An FIR was lodged alleging that the accused persons after assaulting the victim had hanged her. In the alternative, it was alleged that she was compelled to commit suicide due to inhuman torture meted out to her coupled with demand for more money. It was also alleged that at the time of marriage they had spent Rs. 40,000/-besides gold ornaments weighing more than 50 gms. All the six accused persons were charge sheeted by the police after investigation and tried by the learned Trial Court. On behalf of the prosecution, thirteen witnesses were examined. Out of them, P.W.6 and P.W.7 were mere seizure witnesses. P.W.11 was the constable, who had escorted the dead body. P.W.12 was the Investigating Officer. P.W. 13 was the Autopsy Surgeon. P.W.2, Mukunda Lal Banerjee, P.W.3, Shila Chatterjee, P.W.4, Biplab Banerjee were some of the neighbours of the accused, Each one of them turned hostile. Tufan Biswas, P.W.8 a neighbour of the de facto complainant also turned hostile. P.W. 10, scribed the written complaint. The prosecution was thus left with three witnesses namely P.W.1, Kalyani Chakraborty de facto complainant. P.W. 5 Bela Mazumder and P.W.9, Kumudini Roy. P.W.5 incidentally is the sister-in-law (boudi) of the P.W. 10.
(3.) Mr. Dastoor, learned Advocate, appearing in support of this appeal drew our attention to the evidence of the P.W.5 adduced during examination-in-chief wherein she deposed as follows: I also knew her sister Mukti. She used to read in my school. Mukti was married with accused Shyamal Acharya of Rail Bazar. After marriage Mukti went to her husband's house. Thereafter, she used to come to me frequently and reported me that all the in-laws of her husband's house were torturing her and were demanding money from her. On 4.1.92 I met her in the house of Kalyani Chakraborty where her husband was also present. P.W.I Kalyani demanded loan of Rs. 10,000/- from me in order to give Mukti and her husband for their business but I expressed my inability. Mukti claimed money from P.W.I Kalyani. On 5.1.92 I again met Mukti and she reported me that her death was inevitable for the torture of her in-laws namely Bimal Acharya, Pishi and father-in-law. I wanted to know from her if her husband did not make any protest but she told that he knew but did nothing. She also reported that accused Jayeeta who was going to their house frequently used to torture on her for money. All the accused persons are present on dock (identified). On the date of incident I went to her husband's house at night. I went to P.S. first and thereafter I went to her husband's house with police. Reaching there I found that Mukti was lying dead on a Cot. The witness voluntarily said that on my query accused reported me that she committed, suicide by hanging with the help of handkerchief.;