J.Banerjee, J. - (1.) - The present appeal is directed against judgment and order of conviction dated 25-10-90 passed by additional District & Sessions Judge, 4th Court, Alipore. Appellants, namely, Dipak Haldar, Khokan @ Prodip Haldar and Dipali Haldar, by the impugned judgment were convicted under section 498A read with section 34 IPC and were sentenced to suffer R.I. for 2 years each and they were also directed to pay a fine of Rs. 1000/- each in default to suffer R.I. for 6 months each. In addition to that, accused Dipak Haldar was found guilty under section 302 IPC and he was sentenced to imprisonment for life.
(2.) Briefly stated the facts and circumstances leading to the prosecution of the accused/appellants are as follows:- The deceased Rimu daughter of Bimalendu Ganguly was married to accused Dipak Haldar on 18.2.86. Bimalendu failed to pay the agreed dowry amount of Rs. 10,000/- on the date of marriage. Although the other articles which he agreed to give by way of marriage gift were duly given. Due to non-payment of dowry money of Rs. 10,000/-, the bride Rimu had to face ill treatment and torture at the hands of her husband Dipak, her mother-in-law Dipali and also her brother-in-law Prodip. It is alleged that after the marriage Rimu was physically tortured and she was often denied food. The ill treatment and torture, within a short time of marriage compelled the victim girl to return to her father's place along with her husband. On that occasion, the victim Rimu with her husband Dipak stayed for 3 weeks in the house of Bimalendu Ganguly (P.W.I.), the father of the victim. After 3 weeks Rimu was taken back to her in-laws place by her husband. At that time Dipak assured her that there would be no further torture. Again Rimu had to take shelter in her father's place. On that occasion a diary was lodged at the local P.S. by her husband who also accompanied Rimu, to her father's place, and stayed there for sometime with the victim. This time, she and her husband, started living in the house of Tejendra Nath Bose (P.W.12), a well wisher to the family, till they got an accommodation, at the nearby place. In this way after 3 months they shifted at a flat of Nazir Bagan Lane within Kasba P.S. At that time Rimu was pregnant and subsequently she gave birth to a daughter on 10th of December, 1986. After she returned home, mental torture on her which gradually took shape of physical torture started. It is further alleged that accused Dipak was seen agitated, some times became violent whenever he used to go to his own house at Tanu Pukur and met his mother. The matter reached its climax on 25th of October, 1987 when the victim wanted money for Bhratri Ditia. It was reported by the maid servant that both the victim and her husband were quarreling with each other. Half an hour after that some young boys of the locality came running and reported that the Rimu had been burnt. Getting this information, the wife of the informant rushed to the spot. Even at that time she was abused and insulted by her son-in-law Dipak before the local people. Rimu was taken to the hospital by the local people in the car of Mrs. Binita Dhar. Inspite of request, her husband Dipak refused to accompany the victim when she was taken to the hospital. On the next day, the victim succumbed to her injuries.
(3.) A charge under section 302 IPC was framed against accused/appellant Dipak Haldar for causing the death of the victim Rimu. The other two appellants Dipali, the mother of the principal accused Dipak and Prodip his brother were charged under section 302 read with section 109 IPC for abetting the murder. All the three accused appellants were also charged under section 498A read with 34 IPC The trial proceeded when the accused/appellants pleaded not guilty to such charge.;