Girish Chandra Gupta, J. - (1.) This appeal is directed against a judgment dated 21st December, 1990 by which the learned Judge, Special Court E.C. Act- cum- Additional District & Sessions Judge, District Midnapore, convicted the accused Sukdeb Khan and his parents under section 306 and section 498A of the Indian Penal Code both read with section 34 thereof and sentenced them to suffer rigorous imprisonment for 8 years each as also to pay a fine of Rs. 2,000/- each for the offence punishable under sections 306/34 of the Indian Penal Code in default to suffer R. I. for a period of two years as also to suffer rigorous imprisonment for a period of 2 years for the offence punishable under section 498A of the Indian Penal Code as also to pay a fine of Rs. 1,000/- each, in default to further rigorous imprisonment for a period of 6 months in Sessions Trial Case No.IX of June, 1990. Both the sentences were directed to run concurrently.
(2.) The acts and circumstances of this case briefly stated are as follows: Gangarani Khan aged about 19 years, daughter of Dasarath Mallick, was given in marriage to Sukdeb Khan according to Hindu Rites. Within 15 months from the date of marriage, she committed suicide. She at that time was pregnant for about 28 weeks. The police started an unnatural death case. The complaints made to the police by the parents of the deceased were simply brushed aside. The father of the deceased, P.W.3, was advised to send the complaint to the authorities under registered cover which he did. In spite thereof, no step was taken by the police for about 3 months. A written complaint was thereafter taken from the father of the deceased, Dasharath Mallick, which has been tendered and marked Exhibit-1. The acknowledgement due cards received by the de facto complainant from the concerned District Magistrate, concerned S. P. and the S.D.O. Ghatal, have also been tendered and marked Exhibit-2 series. The letters sent under registered cover appear to have been received by the District Magistrate on 29th September, 1988, by the Officer-in-Charge on 29th September, 1988, by the Superintendent of Police on 29th September, 1988 and by the S.D.O. Ghatal, on 30th September, 1988, whereas the death took place on 26th September, 1988. The written complaint, which ultimately was accepted by the police and on the basis whereof the criminal case was started, was received by the police on 27th December, 1988.
(3.) Mr. Bapuli, learned advocate, appearing in support of the appeal, advanced the following submission: There is no satisfactory evidence on record to show that the deceased was subjected to cruelty or that any demand for dowry was made.;