- (1.) This appeal arose out of a judgement dated 21st December, 1999 passed by the learned Additional Sessions Judge, Alipore in Sessions Trial Case No. 3(7) of 1998 arising out Sessions Case No. 20(3) of 1998 convicting the appellant Debasish Dhara under Section 302 of the Indian Penal Code and an order dated 22nd December, 1999 by which the appellant was sentenced to suffer imprisonment for life as also to pay a fine of Rs.5,000/- in default to undergo further imprisonment for one year for the offence punishable under Section 302 of the Indian Penal Code.
(2.) The facts and circumstances of the case briefly stated are as follows. Urmila, a young woman ordinarily a resident of an area within the territorial jurisdiction of Kultali Police Station, came to the city of Calcutta in search of a living. P.W. 3, Deben, is a distant relation of that poor woman. P.W. 3 arranged a work for her. She started working as a maidservant near Tiljala Pump. Soon thereafter she fell in love with Debasish Dhara. Without informing anyone they secretly got married in the Kalighat Temple. The marriage was not accepted by the parents of Debasish Dhara. Within a year after the marriage a male child was born. From the evidence it appears that the poor woman lost all attractions to her husband soon after the marriage. She was subjected to assaults off and on. She informed about the assaults perpetrated upon her to her parents who were unable to do anything to solve this issue.
(3.) The P.W. 3, a distant relation of Urmila; and the P.W.6, the wife of the P.W. tried to intervene which failed to yield any fruitful result. There is evidence that the father of the appellant Debasish Dhara also pressed for dowry. We are not, however, satisfied as regards the alleged claim for dowry but the fact remains that the victim Urmila had a trying time in particular after she gave birth to the male child. She, as a matter of fact, was on one occasion thrown on the railway track which led to lodging of a complaint with the police. This fact which has come from the evidence of the witnesses has all for purposes been admitted by the defence through their suggestions which are as follow.;