- (1.) This appeal is directed against a judgment dated 9 th August 2006 passed by the learned Additional Sessions Judge, Fast Track Court, Bankura in Sessions Trial No.2 of April 2003 corresponding to Sessions Case No.24 of March 2003 in connection with GR Case No.386/1999 arising out of Bankura PS Case No.144 dated 25 th August 1999 by which the learned Trial Court held the appellants guilty of offences punishable under Sections 498A/302/34 I.P.C and Section 304B thereof. By an order dated 10 th August 2006 each of the three convicts was sentenced to rigorous imprisonment for two years as also to pay a fine of Rs.2000/-, in default to suffer further simple imprisonment for three months for the offence punishable under Section 498A of the Indian Penal Code: They were further sentenced to undergo rigorous imprisonment for life as also to pay a fine of Rs.5,000/- each, in default to suffer further simple imprisonment for six months for the offence punishable under Sections 302/34 of the Indian Penal Code. They were yet further sentenced to rigorous imprisonment for 10 years for the alternative charge under Section 304B of the Indian Penal Code. All the sentences were however directed to run concurrently.
(2.) The facts and circumstances of the case briefly stated are as follows:- On 15 th August 1996 Sarmila was given in marriage to the appellant Prasenjit according to Hindu rites. A female child was born out of the said wedlock. It is alleged that shortly after the marriage the husband and rest of the in-laws started torture upon the victim because the party of the complainant had failed to provide the son-in-law a motor cycle which allegedly was agreed to be given at the time of marriage. It is also alleged that a few days prior to the incident during Manasha Puja the victim had visited her parents house when she disclosed that it was no longer possible for her to reside at the matrimonial home unless the agreed motor cycle was given within 2/4 days. The de facto complainant, father of the deceased, alleged that he personally had accompanied the daughter to the matrimonial home and requested all the inmates to treat his daughter well and that he would arrange the requisite money to buy a motor cycle within a month. But on 25 th August 1999 at about 2.30 P.M. he came to learn telephonically that the victim had been hospitalised at Gobindanagar Hospital. Hearing the news the de facto complainant along with his family members rushed to the hospital and found the daughter dead. 23 witnesses were examined. PW 1 is the father of the victim. PW 2 is the uncle. PW 3 is the mother and PW 4 is the grandfather. PW 12 is the uncle. PW 17 is the sister. PW 21 is a neighbour. PW 5 is also a neighbour but he turned hostile. PW 13, it is alleged, had brokered the marriage but he turned hostile. PW 6 was merely tendered.
(3.) PW 7 Dr. Murmu had admitted the patient in the emergency ward of Gobindanagar Hospital also known as Bankura Sammilini Medical College and Hospital. PW 8 is the ward master. PW 18 Dr. Mukherjee was the Assistant Professor of the Bankura Sammilani Medical College and Hospital. PW 22 Dr. Dey is the Autopsy Surgeon.;