ASHIM KUMAR BANERJEE, KISHORE KUMAR PRASAD
Jhantu Sardar – Appellant
Versus
The State of West Bengal – Respondent
ASHIM KUMAR BANERJEE, J
1. In or about 2000 Batasi Das (Sardar) got married with Jhantu Sardar, the appellant no.1 being the son of other two appellants. According to the prosecution, Batasi was subjected to torture by her in laws on the issue of insufficient dowry. Fact remains, both the families were poor; however, the financial condition of Batasi’s parents was little better than her in laws. Her father-in-law was a day labourer, mainly engaged in painting, her mother-in-law used to work as maid servant, her husband was a drunkard and gambler. Batasi’s father P.W.3 purchased a Rikshaw Van for his son-in-law, the appellant no.1. The appellant no.1 sold the vehicle and siphoned off the sale proceed by way of drinking and gambling.
2. On January 12, 2004 Batasi came to her parents and complained that she was beaten up. Her condition was worse. On the next date, i.e., on January 13, 2004, Batasi was persuaded by her parents to go back to her in laws. She went there. This time, however, her parents or her brother Tarak Das could not pay her any money. Batasi was subjected to torture both mentally and physically. Being not able to sustain such prolonged torture, Batasi commi
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