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T.S.THAKUR, ADARSH KUMAR GOEL
MONJU ROY – Appellant
Versus
STATE OF WEST BENGAL – Respondent
Key Points: - The court recognizes omnibus allegations against all family members should be identified and may be given benefit of doubt; emphasis on corroboration and individual roles (!) (!) (!) (!) (!) - Even if there is harassment and dowry demand, the possibility of exaggeration in naming all family members exists; reliance on Kans Raj for caution in summoning distant relatives and requiring tangible material (!) (!) (!) - The court allowed the appeal, set aside conviction under Section 304B IPC while not disturbing other charges; emphasizes that distressing reliance on omnibus allegations alone is insufficient to sustain dowry death conviction (!)
Judgment
Adarsh Kumar Goel, J.
1. The appellants stand convicted under Sections 498A, 306 and 304B of the Indian Penal Code (“IPC”) and sentenced to undergo Rigorous Imprisonment (“RI”) for 10 years and to pay fine of Rs.5000/-. In default, to undergo further imprisonment for two years. They also stand sentenced to suffer RI for three years and to pay fine of Rs.1000/- and in default to suffer further imprisonment for three months under Sections 498A and 306 IPC.
2. The deceased Shanti Roy was married to Sekhar Roy on 20th February, 1994. According to the prosecution, Sekhar Roy, his mother, two sisters and brother raised a demand of Rs.5000/-and since the said demand was not fulfilled, Shanti Roy was harassed and even kept without food. On 31st July, 1995, she committed suicide by pouring kerosene and setting herself on fire. She was pregnant carrying eight months’ old foetus. Chittaranjan Saha (PW1), brother of the deceased lodged First Information Report. After conducting investigation, appellants Monju Roy, Anju Roy, sisters of Sekhar Roy, Tulshi Roy, brother of Sekhar Roy, Sumitra Roy, mother of Sekhar Roy and Sekhar Roy, husband of the deceased were sent up for trial. Sumitra Ro
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