R.K.BAG, J. - (1.) THIS appeal arises out of judgement and order dated 29.07.2008 and 30.07.2008 respectively passed by Learned Additional Sessions Judge, Fast Track, 1st Court, Contai in Sessions Trial Case No.VII/January/2004 and Sessions Trial Case No.VII A/January/2004, by which Learned Judge held the accused persons guilty of the charge under Sections 498A/34, 302/34 and 201/34 of the Indian Penal Code and sentenced them to suffer imprisonment for life and other term imprisonment and fine.
(2.) THE fact of the case made out by the prosecution, in brief, is that on 06.02.2002 one Soma Sur, daughter of the defacto complainant, Aswini Kumar Maity, was married to the accused Sukhendu Sur in the house of her maternal grand -father at Athilagari, Contai. At that time Soma was studying in the third year of the four -year degree course in Information Technology at Salt Lake in the Manipal Academy of Brains and Career. The marriage took place against the will of the parents of Soma and they did not participate in the marriage ceremony. After marriage Soma started living in a hostel in Kolkata in order to continue her studies, but she used to stay for about 8 to 10 days in a month in her matrimonial home at Contai along with her husband, parents -in -law and sister -in -law. After 4 to 5 months of marriage the accused Sukhendu Sur asked Soma to bring Rs.2,00,000/ - from her father for starting a business by him. As Soma pleaded her inability to approach her father for the money demanded by the accused Sukhendu, the accused persons started inflicting torture on her. The accused persons also demanded Rs.50,000/ - which they spent for the education of Soma after her marriage. The accused persons used to beat Soma. The accused Sukhendu threatened to divorce her in order to coerce her to bring money. he accused persons also did not give proper food to Soma and she had to spend her days in misery for insultation. Soma communicated these facts to her uncle, Dr. Anil Kumar Maity personally when she met him and also over phone. Soma also communicated these facts to Anjana Maity, her mother and Bhaskar Jana, her maternal grand -father when she visited their houses. Dr. Anil Kumar Maity went to the matrimonial home of Soma on 2/3 occasions for rapprochement and amicable settlement of the matrimonial dispute and the torture abated temporarily, but started again. On 15.08.2003 Soma visited the house of her maternal grand -father and narrated the incidents of torture inflicted on her by the accused persons. On 21.08.2003 at about 2:10 a.m. Dr. Anil Kumar Maity and the parents of Soma got information from Contai Police Station over phone that Soma had committed suicide. On 21.08.2003 at about 3:50 a.m. Bhaskar Jana, maternal grand -father of Soma gave an application to the officer -in -charge of Contai Police Station, requesting him not to dispose of the dead body of Soma till arrival of the parents of Soma from Kolkata. Ultimately, one U.D. Case No.134 dated 21.08.2003 was started and inquest was held by Nimai Chand Haldar, Executive Magistrate on 21.08.2003 at 12:00 noon. The postmortem of the dead body of Soma was also conducted on 21.08.2003 at 4:00 p.m. in the Sub -divisional Hospital at Contai. Thereafter, on 22.08.2003 at about 12:15 p.m. the specific criminal case being Case No.105 of 2003 was started against the accused persons under Sections 498A/302/201 of the Indian Penal Code. The police took up the investigation, but the progress of investigation was not satisfactory and as such the Criminal Investigation Department, West Bengal had to take over the investigation. Ultimately, the charge sheet was submitted against the accused persons by the Investigating agency and the Court framed charge against the accused persons under Sections 302/34 of the Indian Penal Code, alternatively under Section 304B of the Indian Penal Code and also under Sections 201/34 and 498A/34 of the Indian Penal Code and the accused persons faced trial for the said offences.
(3.) THE defence case culled out from the evidence of the defence witnesses and from the examination of the accused persons under Section 313 of the Code of Criminal Procedure is that the accused persons are innocent and that they have been implicated in this case on false allegation due to grudge and enmity between the accused persons and the parents of Soma. The specific defence case is that Sukhendu married Soma against the will of the parents of Soma and that the accused persons had borne the expenditure for prosecuting the study of Soma after the marriage. The relation between Soma and Sukhendu was very cordial. On 20.08.2003 Soma, Sukhendu and Rabi Shankar Chandra alias Babu, son of brother -in -law of the accused Hridayangshu Sur went to the temple for worship. When they returned from the temple at about 7:30 p.m. to 8:00 p.m. Soma and Sukhendu came to learn from the sweeper of the Bank, Netai Chandra Jana about the invitation for dinner in the house of Purnendu Chandra, brother -in -law of the accused, Hridayangshu Sur. While Sukhendu and Babu alias Rabi Shankar waited in the downstairs, Soma went to the upstairs of the quarters of Contai Co -operative Bank to get refreshed. As Soma was not getting down, Sukhedu went to the upstairs and found the door of the bath room locked from inside and heard the sound of falling water from the bath room. When Soma did not respond to the call of Sukhendu, he went back to the downstairs, called Babu alias Rabi Shankar and Netai Chandra Jana, Sweeper of Contai Co -operative Bank, opened the door of the bath room by force and found Soma lying inside the bath room. She was shifted to the verandah of the quarters and thereafter the incident was reported to the parents and sister of the accused Sukhendu through Netai Chandra Jana, as they were already in the house of Purnendu Chandra for attending the invitation for dinner. Thereafter, Purnendu Sur, brother of the accused Sukhendu arrived at the place of occurrence from Haldia and found Soma lying dead on the verandah of the quarters and he went to call doctor, but no doctor was available. The incident was reported to the police.;