SUBHASIS SINGHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The hearing stems from an appeal preferred against the judgement and order of conviction and sentence passed by the ld. Additional Sessions Judge, 1st Court, Hooghly in Sessions Trial No. 48 of 1992 on 15/10/2001.

(2.) Shortly put, and shorn of details, the prosecution case is that the marriage of Smritirani Singha, third sister of the de facto complainant (P.W. 10) took place with accused Subhasish on 2/8/1987 when various kinds of dowry, as demanded by her father-in-law Pranab Kumar Singha, were given. After the marriage she was subjected to insult and abuse by her father-in-law, mother-in-law Annapurna Singha and grandmother-in-law Bangabala Singha (since deceased before framing of charge), over the issue of more dowry, and at the time of her visit to her father's house at Varanasi, she used to narrate about such torture. After the birth of her daughter, the degree of torture upon her, both physical and mental, increased. On many occasions the said accused persons assaulted her and threatened her with dire consequences, and her husband never protested against it. On 16.07.1990 at about 6.30 a.m. the said grandmother-in-law set fire on her and her child after pouring kerosene oil for which both of them with severe burn injuries were removed to Burdwan Medical College & Hospital where the child expired on that date at about 9.30 p.m. and she is fighting with death. On receipt of the said information the complainant came to hospital from Varanasi, and as he was busy in connection with treatment of his sister, there was some delay in lodging the FIR. Hence, all the three accused persons were charged under sections 498A/34 and 304B/34 IPC.

(3.) The defence case, as suggested to P.Ws. and as contended by the accused persons during their examination under section 313 Cr. PC, is that the victim died on account of bursting of stove. She was not subjected to any ill-treatment or torture by the accused persons over the issue of dowry nor the accused persons demanded any dowry.