SADHAN KUMAR GUPTA,J. - (1.) THIS Criminal Appeal has been preferred against the Judgment and Order dated 15 -9 -1998 passed by Shri A.K. Das -I, Additional Sessions Judge. Contai. Midnapore in S.T. Case No. IX/ August/1996. By the said Judgment the learned Additional Sessions Judge convicted the appellants namely Shri -Khokan Patra and Smt. Bharati Patra under Section 498 -A and under Section 302/ 34. I.P.C. and sentenced both of them to suffer imprisonment for life and to pay fine of Rs. 1,000/ - each so far as the offence under Section 302/34, I.P.C. is concerned. No separate sentence under Section 498A was passed.
(2.) BEING aggrieved and dissatisfied with the said order of conviction, the petitioners/appellants have preferred the present appeal on the ground that from the materials as available on record, the learned Additional Sessions Judge was not justified in holding that the appellants were guilty of the offence under Section 498A and under Section 302/34. I.P.C. The point that is to be considered, so far as the present appeal is concerned, is, whether the learned Court he low was justified in convicting the accused persons under those sections of the Indian Penal Code. It is the case of the prosecution that on 12 -10 -1994 at about 1.45 P.M. one Shri Charan Mirdya submitted a written complaint to the Officer -in -Charge, Patashpur P.S. to the effect that his daughter Bandana was given in marriage 5/6 years before with Shri Khokan Patra of Ramchandrapur. At the time of marriage dowry was also given. Since the marriage, Khokan and his mother Smt. Bharati Patra used to torture Bandana both physically as well as mentally. On 12 -10 -1994 in the morning the minor grandson of the De facto Complainant viz Janmenjoy Mirdya, who was in the father -in -law's house of Bandana, prior to the date of the incident, came reported him that Bandana expired. The villagers of that village helped Janmenjoy to give this news to the De facto Complainant. Hearing the news, he rushed to the said village and found that Bandana was lying -dead in a burn condition inside the room. Seeing the dead body and after hearing the villagers the De facto Complainant was of the opinion that the accused persons at first murdered Bandana and thereafter her dead body was burnt. According to him accused Khokan Patra and Bharti Patra were responsible for the death of Bandana. On the basis of that, present case was started. The case was investigated and after investigation charge -sheet was submitted against the accused persons. During trial charge under Section 498A/302/34, I.P.C. were formed against the accused persons. Same was read over and explained to both of them who pleaded not guilty and claimed to be tried. Prosecution in all has examined 21 witnesses to prove the charge against the accused persons. In order to come to decision, so far as the present case is concerned. it is necessary to look into the statements that the witnesses have made during trial.
(3.) P .W. 1 is Shri Bhanu Charan Mirdya he is the father of the deceased Smt. Bandaqa Patra. It is he who lodged the F.I.R. This witness has stated in his evidence that her daughter was living in her matrimonial house happily. At the same time he has stated that sometimes Bandana used to complain against her husband and in -laws as they used to abuse and quarrel with her over household affairs. According to him his minor grandson informed him about the death of Bandana and on hearing that he rushed to the place of occurrence and found that Bandana was lying dead with burn injury on her body. Of course he has not corroborated to other parts of the statement that he has made in the F.I.R. In his cross -examination this witness explained that as at the relevant time he was mentally shocked so he could not understand the contents of the written complaint. He has admitted that Bandana and her husband used to visit his house together frequently.;