- (1.) This appeal is directed against the judgement and order of conviction passed by Sri U. C. Nag, Additional Sessions Judge, 5th Court, Paschim Midnapore on 29.06.2005 thereby convicting the accused Nilu Hazra to suffer one year and fine of Rs. 500/- in default further R.I. for three months for commission of offence under Section 498A/34 I.P.C. and accused convicted Chhotu Hazra is hereby sentenced to suffer R.I. for five years and fine of Rs. 1000/- in default of payment to suffer further R.I. for one year for the charge under Section 306 I.P.C. He is also sentenced to suffer for one year and with find of Rs. 500/- in default of payment to suffer further R.I. for three months for the charge under Section 498A/34 I.P.C.
(2.) Shortly put, the prosecution case is that Sankari Dolai, niece of defacto complainant Kalipada Dolai was married to accused Chhotu Hazra on 29th Asar 1411 B.S. according to Hindu rites and customs. During marriage sufficient dowry was given to Sankari but she was subjected to physical and mental torture in the house of her in-laws as Shankari was a fatty woman with black complexion and was not like of her husband Chhotu and also a written complaint was lodged to the Ghatal P.S. case was instituted under Section 498A/306/34 I.P.C.. Hence the prosecution case. The defence case as it appears from the trend of the crossexamination of the prosecution witnesses and answer given by the accused person to their respective examination under Section 313 Cr.P.C. is that of absolute innocence.
(3.) In order to bring home the charge from the side of the prosecution as many as eighteen witnesses are examined. P.W. 1 is a defacto complainant of this case. P.W. 2 Panchanan Dalui was a relation of the victim Sankari. P.W. 3 Banshi Dalui is the near relation of the victim Sankari. P.W. 4 Rabindra Hazra is a relation of the accused. P.W. 5 Haru Rana is a local witness and he was acted as a barbar in the marriage ceremony of Sankari and Chhotu and he is almost a formal witness. P.W. 6 Sandhya Dalui is also near relation to the victim. P.W. 7 Sumitra Dalui is also near relation of the victim . P.W. 8 Tapan Chakraborty is a local witness and was a priest who perform the marriage between Sankari and Chhotu and he was a formal witness and it is needless to discuss the evidence in details P.W. 9 Kumari Padma Dalui happens to be a relation of victim. P.W. 10 Sankar Hazra is a near relation of accused. P.W. 11 Shyamapada Hazra is also a distant relation of accused Chhotu. P.W. 12 A.K. Chakraborty is an Executive Magistrate who perform the inquest on the deadbody of Shankari and he found some marks on the body of Shankari. P.W. 13 P.K. Ghosh is a medical officer who perform the P.M. examination on the dead body of Sankari and he found a ligature mark on the neck of the victim. P.W. 14 Sk. Khalil Ali, a constable of Ghatal P.S. who took the dead body to the autopsy surgeon for holding P.M. Examination and is a formal witness. P.W. 15 Hare Krishna Majhi drafted the petition of complaint as per the dictation of Kalipada Dalui and he is a law clerk and a formal witness. P.W. 16 Dipali Hazra is the Pradhan of Sultanpur Gram Panchayat. He has no personal knowledge about the occurrence he learnt from some persons that Sankari committed suicide and as a Pradhan she reported the matter to the O.C. of Ghatal Police Station. P.W. 17 Jayanta Chakraborty is the S.I. of Police and posted as O.C. of Ghatal P.S. at the relevant time. He started the U.D. Case on 13.09.2004 for the unnatural death of Sankari as O.C. and thereafter on receipt of the specific complaint against Chhotu Hazra he started the Ghatal P.S. Case No. 93 of 2004 under Section 498A/306/34 I.P.C. and P.W. 18 is I.O. of this case.;