Lack of evidence and failure to prove charges beyond reasonable doubt led to the acquittal of the appellants.

JUDGMENT

Bibek Chaudhuri, J. - The appellants faced trial under the charge of Section 498a/304B of the Indian Penal Code in Sessions Trial No.15 (4)/11 and were convicted under the charge of Section 498a of the Indian Penal Code by the Court below. The learned trial Judge passed order of sentence directing the appellants to suffer simple imprisonment for two years each and also to pay fine of Rs.1,000/- each, in default, to suffer simple imprisonment for three months each for the offence under Section 498a of the Indian Penal Code. The present appeal is filed by the accused/appellants assailing the judgment and order of conviction and sentence.

Basirhat P.S. Case No.372 of 2005 was registered under Sections 498a/304B of the Indian Penal Code on 29th December, 2005 on the basis of a written complaint submitted by one Md. anisur Rahaman Gazi. It is alleged by the de facto complainant that marriage of his sister ajmira Khatun was held with the appellant asraf Mondal. In the said marriage the de facto complainant gave gold ornaments and a sum of Rs.40,000/- to the bridegroom as per his demand. Unfortunately, since after marriage the father-in-law of ajmira namely, ahamed Mondal, mother-in-law, married sister-in-law and her husband used to torture her both physically and mentally on illegal demand of dowry. On 28th December, 2005 the accused persons assaulted ajmira. The de facto complainant further suspected that the accused persons poured some poison in the mouth of his sister forcibly and admitted her to a local hospital. Subsequently, she died in the hospital on the date of lodging complaint.

It is submitted by the learned advocate for the appellant that during trial prosecution examined eight witnesses. amongst them P.W.1 is the de facto complainant. P.W.2 is a co-villager of the de facto complainant. P.W.3 amena Bibi is the mother of the victim. P.W.4 Baburali Gazi is the father of the deceased. Dr. anjan Kumar Ghosh who medically treated the deceased ajmira Bibi in the emergency ward of Basirhat Sub-Divisional Hospital deposed during trial as P.W.5. P.W.6 Dr. Kanchan Kumar Das is the autopsy surgeon. P.W.7 is a constable of police and P.W.8 is the Investigating Officer.

It is submitted by the learned advocate for the appellant that apart from P.W.5 to P.W.8, other witnesses are interested witnesses. P.W.1 is the elder brother of the deceased while P.W.2 and P.W.4 are her parents.

It is submitted by the learned advocate for the appellant that marriage of the deceased was held with the appellant No.1 in the month of July, 2004. She died on 29th December, 2005 i..e, within one and half years of marriage. It is deposed by the de facto complainant that the husband of his sister demanded a sum of Rs.10,000/- which they could not pay at the time of marriage. They could not pay at the time of marriage for such failure on the part of the defacto complainant and his family members ajmira was subjected to torture by the accused persons both physically and mentally. P.W.-1 also stated that he went to the matrimonial home of his sister seven days before 28th December, 2005 to hand over a woolen shawl of her at that time. He noticed ajmira in a very depressed condition.

It is pointed out by the learned advocate for the appellants that the defacto complainant did not state in the written complaint that the accused persons demanded further sum of Rs. 10,000/- from his sister. It is alleged by the defacto complainant that his sister was physically tortured and mentally harassed by the accused persons since after her marriage. However, during her lifetime he did not make any complaint in the local police station or to the local Panchayet against the accused persons. In cross-examination, the defacto complainant clearly admitted that she developed depression before her death. as to the cause of death, it is submitted by the learned advocate for the appellants that charge was framed under Section 304B of the Indian Penal Code. Only on the basis of su