P.K.Deb, J. - (1.) The death reference being 1 of 2003 was made following the conviction and sentence of Arup Singha Roy in connection with Sessions Trial No. 40 of 2002. The appellant Arup Singha Roy also preferred an appeal being 313 of 2003 against the conviction and sentence under section 302 Indian Penal Code. The death reference and the criminal appeal have been heard and disposed of together.
(2.) A specific case under sections 498A/304B and 302 Indian Penal Code was registered following the shocking murder of a housewife and her baby. The case of the prosecution, as emerged from the First Information Report and unfurled during the trial may be summed up as follows :-
(3.) The marriage of the appellant Arup Singha Roy with Urmila Ghosh was solemnised in the early part of 1997. A sum of Rupees fourteen thousand was paid to Arup Singha Roy by way of dowry in terms of the demand so made by the bridegroom. Initially, the couple led a happy conjugal life. The situation underwent a change when the husband started pressuring his wife to bring more money by way of dowry. The wife, called Urmila had to sustain physical and mental torture in the hands of her husband. She narrated the woeful story of her sustaining torture and humilliation to her relations. All that her near relations could do was to offer consolation to her. The ordeal continued. The attitude did not improve even after the birth of her son. On 13.7.98 she had to take shelter in the house of her brother after being severely beaten by her husband. However, her husband took her back with the assurances that she would be properly looked after. Her life ended in a tragic note when on the night of 5.8.98 when she and her baby were brutally murdered by her husband.;