Joymalya Bagchi, J. - (1.) Judgment and orders dated 8.9.1998 and 9.9.1998 passed by learned Additional Sessions Judge, 6th Court, Alipore in Sessions Trial No. 2(1)1998 convicting the appellants for commission of offence punishable under Ss. 498A/304B of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for 7 years have been assailed.
(2.) The prosecution case as alleged in the written complaint is to the effect that on 29th Falgun, 1396 B.S. corresponding to 14th March, 1990 the victim Sagarika who is the daughter of PW 1 was married to the accused Hrishikesh Sapui, son of Binode Bihari Sapui, village - Sahipur, PS - Falta. At the time of marriage Hrishikesh was given gold ring, gold button with chain, bicycle, wrist watch and cash Rs. 10,000/ -, cot, mattress, bedding as dowry. The deceased was also gifted various gold ornaments as streedhan. After the marriage the deceased went to her matrimonial home and started residing there. After three months she was subjected to physical assault and torture by the appellants on demand of further dowry. They used to demand a further sum of Rs. 10,000/ - from the parents of the deceased Sagarika. She replied that her father was poor and was unable to meet such demand. The appellants threatened her that if she was unable to bring the money as demanded Rishikesh would be married elsewhere. They meted out physical and mental torture on Sagarika and asked her to commit suicide by hanging or by taking poison. On 11.6.1990 Sagarika took poison and died at Diamond Harbour Hospital.
(3.) On the basis of written complaint lodged by Gandhari Gharami (PW1) the instant case was registered for investigation against the appellants under Ss. 498A/306 of the Indian Penal Code.;