- (1.) FACTS 1. Chandana Ghosh was the daughter of Radhaballav Ghosh, the Petitioner above named. Chandana got married with Bipul Ghosh son of Krishnagopal Ghosh @ Buddhadeb Ghosh. The marriage was a negotiated one. As per the demand, Radhaballav gave Rs. 45,000/-, 6 Bhoris gold and other gifts as dowry. The in-laws however, were not satisfied. They used to torture Chandana. They raised further demand and threatened Chandana with dire consequence that in case of failure to meet the demand she would be killed. Radhaballav neither did lodge any complaint with the Police nor take legal steps against the in-laws. Fact remains, Chandana lived her marital life for 5 years during her lifetime. On 29th Sravan, corresponding to August 2004 Chandana went to her parental home and complained to Radhaballav that Krishnagopal the father-in-law, Sabitri mother-in-law, Prasanta brother-in-law, Sumitra Sister-in-law (wife of Prasanta) inflicted physical torture upon her. She could manage to flee from her marital place, otherwise she could have been killed. The in-laws threatened her that whenever she would come back, she would be set on fire. Radhaballav persuaded Chandana to go back to her marital place by describing the incident as a trifle one. Chandana returned to her marital home and within a few days i.e on August 22, 2004 she died an unnatural death. Upon being informed, Radhaballav along with his relatives and neighbours rushed to the place and found Chandana being brutally killed by setting her on fire. He lodged a complaint with the Police. The Police arrested all the in-laws being husband Bipul, his brother Prasanta, his wife Sumitra as also parents Krishnagopal and Sabitri and charged them under Section 498(A) read with Section 304(B) of the Indian Penal Code. The accused pleaded innocence and opted to be tried.
(2.) EVIDENCE 2. The prosecution examined sixteen witnesses to support the prosecution story. PW-1 (Radhaballav Ghosh)
(3.) The witness reiterated what he had started in his complaint. He further improved his statement by saying that he escorted Chandana to her marital place few days before her death when she came to her parental place to make complain against the in-laws. In cross-examination, he admitted not having lodged any contemporaneous complaint about torture earlier to the death of Chandana. PW-2 (Kushal Ghosh);