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JOYMALYA BAGCHI, BIVAS PATTANAYAK
Farhad Sk – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Joymalya Bagchi, J. - The appeal is directed against the judgment and order dated 25.02.2013 and 26.02.2013 passed by learned additional Sessions Judge, 1st Fast Track Court, Rampurhat in Sessions Trial No. 5th November, 2011 arising out of Sessions Case No.122/2011 convicting the appellants for commission of offence punishable under Section 498a/304B of the Indian Penal Code and under Section 3,4 of the Dowry Prohibition act sentencing them to suffer rigorous imprisonment for ten years and to pay a fine of Rs.10,000/- each, in default, to suffer rigorous imprisonment for two years for the offence punishable under Section 304B of the Indian Penal Code, to suffer rigorous imprisonment for three years and to pay fine of Rs. 3000/- each, in default, to suffer further rigorous imprisonment for one year for the offence punishable under section 498a of the Indian Penal Code, to suffer rigorous imprisonment for five years and to pay fine of Rs. 15,000/- each, in default, to suffer further rigorous imprisonment for 21/2 years for the offence punishable under Section 3 of Dowry Prohibition act and to suffer rigorous imprisonment for two years and to pay fine of Rs. 5,000/- each, in
The main legal point established in the judgment is the interpretation of dowry demand under the Dowry Prohibition Act and its application to establish guilt in cases of cruelty and unnatural death.
The court affirmed that demand for dowry and harassment must be proven as significant factors in determining the conviction for dowry death under IPC Section 304-B.
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