AMITABHA CHATTERJEE,J. - (1.) This appeal has been filed against the judgement and order dated 10.6.2013 and 11.6.2013 passed by Sri Tapan Kr. Mondal, Ld. Additional Sessions Judge, F.T.C.-1 Uttar Dinajpur, Raiganj in Sessions Trial No. 15/2008 arising out of Sessions Case No. 73/2007 convicting the appellant under Section 498(A) / 304 B of the Indian Penal Code. The prosecution case to put in brief is that:- 1. Naresh Barman filed a written complaint before the Officer-in-Charge, Hemtabad Police Station Hemtabad Uttar Dinajpur to the effect that his niece Hema Barman daughter of Anadi Barman of Village Kochimuha was given in marriage with Sri Satyendranath Barman son of Nakul Barman of Hemtabad Police of Village Mahajanbari on 16th Ashar, 1409 B.S. At the time of marriage his brother Anadi Barman, as per the demand of son in law and his family gave one motor cycle, golden and silver ornaments and some other materials as dowry. But his brother did not give Rs. 10,000/- at the time of marriage and promised to give the amount within 5/6 months. After marriage Hema Barman went to her matrimonial house with her husband. After few days of marriage Hema Barman returned to her paternal house and asked her father to pay Rs. 10,000/- immediately as the members of the matrimonial house were torturing her. After one month of marriage the father in law demanded the amount of Rs. 10,000/-. In the month of Shrabon the de facto complainant and his brother Anadi Barman who happens to be the father of victim Hema and many other people tried to convince the in-laws to wait for 5/6 months and they accepted their proposal.
(2.) Further case of the prosecution is that on last Thursday, 2nd Ashwin, corresponding to English 19.9.2002 the son-in-law of Anadi Barman along with victim Hema Barman came to their house and said that before Puja the amount of Rs. 10,000/- should be handed over to them and to send her to the matrimonial house otherwise she will live there. The victim Hema said to that she would not go to her matrimonial house without taking the amount. She further stated that her husband, mother-in-law, father-in-law, sister-in-law and brother-in-law tortured upon her for the said money. Thereafter, in the evening of Saturday at about 7 P.M. Hema Barman took poison in their house. The de facto complainant and others admitted her at Raiganj Hospital for treatment but at night she expired. The specific case of the prosecution is that victim Hema Barman committed suicide due to demand of money by the members of her matrimonial home.
(3.) The F.I.R. was lodged by Naresh Barman P.W.6 with Hemtabad Police Station regarding the incident on 22.9.2002 alleging torture and harassment meted out to the deceased on account of demand of dowry which led her to commit suicide by consuming some poisonous substance. On the basis of the said complaint Hemtabad Police registered F.I.R. No. 74/2002 dated 22.9.2007 for the offence punishable under Sections 498A / 304B of the Indian Penal Code. After completion of investigation charge sheet under Section 498A and 304B read with Section 4 of Dowry Prohibition Act, was submitted against the accused persons.;