- (1.) THIS appeal has been preferred against the judgment dated 29. 6. 2006 passed by the learned Additional Sessions Judge, Fast Track Court, nabadwip in Sessions Trial No. 5 (VIII)/2005, whereby the appellants were convicted for the commission of offence under Sections 498a and 304b of the Indian Penal Code and they were sentenced to suffer R. I. for one year each and to pay fine of Rs. 3,000/- each for the commission of offence under Section 498a and to suffer R. I. for seven years each and to pay fine of Rs. 5,000/- each for the commission of offence under Section 304b of the Indian Penal Code.
(2.) CASE of the appellants is that on 27. 7. 2004 one Gouranga Sundar das submitted a written complaint to the Officer-in-Charge, Nabadwip Police station, wherein it was stated that on 26. 7. 2004 in the evening he was in his house. His daughter Bisakha Saha, aged about 19 years, was married with Sanjoy Saha, son of Subal Saha who was his neighbour. Sanjoy and bisakha, before their marriage, fell in love and subsequently the marriage took place. Out of the said wedlock, a male child was born. The complainant stated in the written complaint that his daughter was not happy in the matrimonial house as after the marriage, her in-laws started creating pressure upon her to bring money and dowry from her paternal house. Bisakha Saha used to inform the complainant and his family members about this. Due to this, the complainant lodged a General Diary with the Nabadwip p. S. According to the complainant on 26. 7. 2004 in between 7 to 8 p. m. he found that Bisakha sustained burn injuries caused by the members of her matrimonial house and she was shifted to the hospital. The complainant was of the firm belief that his daughter Bisakha died out of the burn injuries, which was caused by her husband and his family members. On the basis of the said written complaint, Nabadwip P. S. Case No. 85 of 2004 was started. The case was investigated and after completion of investigation charge-sheet was submitted against all the accused persons. During trial, charges under Section 498a and under Section 304b of the Indian Penal Code were framed against all the accused persons. Same was read over and explained to them when they pleaded not guilty and claimed to be tried. In order to establish the charges, prosecution examined 15 (fifteen) witnesses. The accused persons examined 2 (two) witnesses in their defence. Some documents were marked for both the sides. The defence case, as it has transpired from the trend of the cross-examination as well as from the statements, as made by accused persons during their examination under section 313 of the Cr. P. C. , is that of denial. They have denied the prosecution claim that Bisakha was tortured by them in the matrimonial house over the demand of dowry. They have also claimed that they were no way responsible for the death of Bisakna, as claimed by the prosecution.
(3.) THERE cannot be any doubt that so far as this case is concerned, prosecution, first of all is to prove that there was ill-treatment with Bisakha in the matrimonial house over the demand of dowry and as a result of that bisakha died in suspicious circumstances within seven years of her marriage. There is no dispute that the death of Bisakha took place within seven years of the marriage. So prosecution is to establish, by cogent evidence, that there was torture over Bisakha in' the matrimonial house over the demand of dowry, which ultimately culminated into her death in suspicious circumstances. If the initial onus is discharged by the prosecution, then it will be the duty of the accused persons to establish that there was no torture upon Bisakha over the demand of dowry in the matrimonial house and consequently they are no way responsible for the death of Bisakha which took place under unnatural circumstances. Let us first of all see how far the prosecution has been able to establish all these things.;