PATHERYA J. - (1.) THIS appeal has been filed against the judgment and order dated
(2.) ND August, 2006 passed by the Additional Sessions Judge, Fast Track Court -I, Barrackpore in Sessions Trial Case No. 7(5)/03 arising out of Sessions Case No. 20(4)/03 under Sections 498A and 302 IPC whereby the appellant has been directed to suffer imprisonment for life and to pay a fine of Rs. 2,000/ - i.d. to suffer R.I. for six months under Section 302 IPC and to suffer rigorous imprisonment for three years and to pay a fine of Rs. 1,000/ - i.d. to suffer R.I. for three months under Section 498A IPC. 2. The case of the prosecution is that the victim married Soumen Bose (husband) out of love on 16th August, 2002 through registered marriage. Thereafter the couple lived together as husband and wife at 36, Swadhin Pally, Calcutta. After the marriage the husband and the appellants both physically and mentally tortured the victim. On 18th August, 2002 at about 8 p.m. the appellant Nos. 1 and 2 called PW 3, mother of the victim to their house. PW 3 (mother) accompanied by her sister Smt. Purnima Pal Chowdhury (PW 22) and Pradipta Pal Chowdhury (PW 20) went to the matrimonial home of the victim when the appellant No. 1 demanded Rs. 2,00,000/ - for construction of residential building. On the said occasion the victim informed her mother (PW 3), aunt (PW 22) and uncle (PW 20) that she was tortured by the appellants both mentally and physically over demand for dowry. The mother (PW 3) of the victim expressed her inability to meet such demand and the victim girl was abused in their presence. On 23rd August, 2002 at about 7 p.m. Smt. Ila Das (PW 18) aunt of the victim was informed that the victim girl had been taken to Baranagore State General Hospital with severe burn injury and from there she was taken to R.G. Kar Medical College and Hospital for treatment. On getting such information, the defacto complainant (PW 1), her mother (PW 3), elder brother (PW 6), uncle (PW 20) and other para people went to the hospital where they found the victim girl lying in the emergency ward with severe burn injury. The husband of the victim girl and the appellant No. 1 were also present there. A complaint was lodged by PW 1 (sister) under Section 498A IPC against the husband and the appellants with Baranagore Police Station and Baranagore P.S. Case No. 123 of 2002 was started on 26th August, 2002. After investigation charge sheet under Sections 498A/302/120B IPC was submitted as in the meantime the victim expired. The case was committed to the ld. Court of Sessions and it was transferred to the Court of ld. Additional Sessions Judge for trial. Charge was framed under Sections 498A, 302 and 120B IPC. The same was read over and explained to the appellants to which they pleaded "not guilty" and claimed to be tried.
(3.) THE prosecution examined 24 witnesses. No witness was examined by the defence. On consideration of the evidence of the witnesses and documents the Additional Sessions Judge, Fast Track Court -I, Barrackpore convicted the husband, appellant Nos. 1 and 2 under Section 498A IPC and sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs. 1,000/ - each in default to suffer rigorous imprisonment for three months. The appellant Nos. 1 and 2 were also found guilty under Section 302 IPC and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 2,000/ - each in default to suffer rigorous imprisonment for six months. Both the sentences were to run concurrently. The husband has served the sentence of three years rigorous imprisonment and has been released on 2nd August, 2006. Hence the said appeal by the appellants.;