Ravi Krishan Kapur, J. - (1.) This appeal is directed against the judgment and order of conviction dated 21 March, 2013 and 22 March, 2013 passed by the Learned Additional Sessions Judge, F.T.C, Mathabhaga, Cooch Behar in Sessions Trial No.05(06)/2012 arising out of Sessions Case No.109 of 2012 convicting the appellants under Section 498A/304B of the Indian Penal Code. By the impugned order the appellant husband (being the appellant No.1) and his mother (being the appellant No.2) were convicted of offences punishable under Sections 498A and 304B of the Indian Penal Code (IPC) and each awarded 10 years' imprisonment. By the said order the father-in-law was acquitted.
(2.) The genesis of the prosecution case, lies in the information lodged by Sunanda Barman, the father of the deceased, Sushila Barman @ Sushila Roy Dakua (Sushila). The information disclosed that, Sushila got married with Ratan Roy Dakua son of Sunil Roy Dakua on Friday, 29 Baisakh, 1418 B.S. following Hindu rites and customs. For the purposes of marriage and in order to fulfill the demands of the husband, and his parents several items were given at the time of her marriage being (a) Rs. 25,000 in cash, (b) 100 cc Bajaj Discover Motor Cycle, (c) one 'Sishu' wooden cot, (d) one steel Almirah and (e) Gold ornaments weighing 1 bharies. Yet beginning from on the day of marriage itself the husband and his father spoke acrimoniously over the quality of the articles given as dowry and made insinuations that they would not take such articles.
(3.) After the marriage Sushila went to her matrimonial house and started to reside with her husband and her in-laws. The articles given as dowry were delivered on the day after 'Boubhat' that is 31 Baishak, 1418 B.S. by the complainant who hired a car on rent and supplied all the items to the house of the husband.;