RAGHUNATH BHATTACHARYA,J. - (1.) BEING aggrieved by the judgement and order of conviction, accused / appellant Sri Bishnu Kumar Gupta, Sri Baija Nath Prasad Gupta and Smt. Saraswati Debi preferred this appeal against the judgement and order of conviction passed by Sri M.M. Ghosh on 24.04.2003 in Sessions Trial Case No. 131 of 1997. 2. Shortly put, the prosecution case is that on 14.11.1993 the defacto complainant Smt. Lakshmi Debi lodged a complaint before the O.C., Uttarpara P.S. stating that her daughter Rina Rani Saha was married with Bishnu Prasad Gupta, son of Baija Nath Prosad Gupta of 1/1, M.C. Deb Garden Lane, on 22nd May, 1993. At the time of marriage the mother-in-law of the victim Rina demanded a sum of Rs. 25,000.00 in cash, 20 bharis of gold and one scooter for his son Bishnu Prosad Gupta. At the time of marriage the defacto complainant paid a sum of Rs. 5,000.00 and 15 bharis of gold. Thereafter on the Rakhi Purnima day without intimating her husband she paid a sum of Rs. 10,000.00 and one golden ring to her son-in-law. But inspite of the said demand the accused Bishnu Prosad and his parents, brothers and sisters inflicted torture upon her daughter Rina and demanded a sum of Rs. 10,000.00 and a scooter. Thereafter Puspa Saha and Uma Saha, relation of the defacto complainant, after Rakhi Bandhan had been to the house of Rina but his father-in-law and motherin-law and accused Bishnu Prosad did not allow them to meet with Rina. That on 14.11.1993 her husband Deo Nandan Saha had been to the house of Rina in the morning and found a gathering in front of her matrimonial home and came to learn from the local people that her daughter sustained burn injuries and thereafter the local people admitted her to Uttarpara Hospital. Her husband informed her over telephone and then she rushed to the hospital and found the dead body of her daughter Rina at the hospital. It has been further alleged by the defacto complainant in the F.I.R. that the accused persons demanded more dowries from her daughter and as they could not meet the demand for which her husband and other in-laws inflicted physical and mental torture upon her daughter and caused the death of her daughter. On the basis of the FI.R., O.C., Uttarpara P.S. started Uttarpara P.S. Case No. 216/1993 dated 14.11.1993 under Section 304B I.P.C. Thereafter the accused persons were arrested and they were released on bail. Thereafter police investigated the case and after completion of the investigation the I.O. submitted charge sheet against the accused persons under Sections 498A/304B I.P.C. After hearing both sides and on consideration of the materials on record, charges under Sections 498A/304B I.P.C. were framed against the accused persons. The said charges were read over and explained to the accused persons to which they pleaded not guilty to the said charges and claimed to be tried.
(2.) In order to bring home the charge levelled against the accused person prosecution has examined as many as nineteen witnesses and from the side of the defence only one D.W. is produced.
(3.) The defence case as it appears from the trend of the crossexamination of the prosecution witnesses and also from the statements made by the accused persons in their statements under Section 313 Cr.P.C. is that they have been falsely implicated in this case. The main points for consideration in this case are (1) whether the accused - husband or relatives of husband inflicted physical and mental cruelty upon the victim Rina and (2) whether the death of Rina was caused other than under normal circumstances within seven years of marriage and whether before her death she was subjected to cruelty or harassment by her husband or any relative of her husband on the demand of dowry and (3) whether the accused persons are guilty for the offence under Sections 498A/304B I.P.C.;