Siddhartha Chattopadhyay, J. - (1.) Challenge in this appeal is to the judgment and order of conviction dated 29.09.2010 and 30.09.2010 passed by the learned Additional & Sessions Judge, Fast Track 1st Court at Burdwan in S.T. No. 43/08. By the said impugned judgment and order of conviction learned trial Court has convicted the appellants under Section 498A of I.P.C. and under Section 304 of I.P.C. followed by sentences.
(2.) To appreciate the grievance of the appellant, factual aspect needs to be recapitulated. The de-facto complainant has lodged the F.I.R. on 10.06.2001 contending inter alia that prior to the marriage, the accused appellants demanded a sum of Rs.75,000/- in cash, gold ornaments and other furnitures. But the said articles did not satisfy the appellants and for which they have repeatedly demanded further dowry and in one occasion they have demanded Rs.15,000/- as cash. Since their such demand was not fulfilled, the victim was subjected to physical and mental torture. At the time of 'Jamai Sasthi' the victim came to their house and disclosed about the torture inflicted upon her by the appellants. Subsequently, on 06.06.2001 at or about 9:00 pm., the appellants came to the house of the de-facto complainant and informed that the victim has been hospitalized and her condition was critical. Then they went to Burdwan Medical College and Hospital and found her lying dead. They have categorically requested the defacto complainant not to lodge any F.I.R. against them. After such F.I.R. was lodged, the police has taken up investigation and after recording of the statement of the witnesses and collecting post-mortem report, the Investigating Officer has submitted charge-sheet.
(3.) P.W. 1, in his evidence has stated that he came to know that the victim is dead. From his evidence it has not been transpired that he has any knowledge regarding the alleged incident. He was also declared hostile by the prosecution. At the time of cross-examination, she disclosed that he does not know the husband of Manasi. He very categorical in saying that he does not have any knowledge regarding the alleged incident.;