The main legal point established in the judgment is the reliance on consistent evidence and statutory presumption to establish the link between torture and suicide, and the court's emphasis on the lack of justification for perpetrating torture on a spouse due to poverty.

JUDGMENT

Joymalya Bagchi, J. - CRa 66 of 2014 and CRa 64 of 2014 are dismissed as not maintainable.

appeals being CRa 88 of 2014 and 993 of 2013 are directed against the judgment and order dated 26th November, 2013 and 27th November, 2013 passed by the learned additional District and Sessions Judge, Fast Track Court, Balurghat, Dakshin Dinajpur convicting the appellants for commission of offence punishable under Section 498a/306/34 of the Indian Penal Code and sentencing Shyamal Mardi (appellant in CRa 88 of 2014) to suffer rigorous imprisonment for three years and also to pay fine of Rs.2,000/-, in default, to suffer further regirous imprisonment for three months for the offence punishable under Section 498a/34 of the Indian Penal Code and with a further direction that Shyamal Mardi (appellant in CRa 88 of 2014) shall suffer rigorous imprisonment for ten years and shall pay of fine Rs. 5,000/-, in default, to suffer rigorous imprisonment for six months more for offence punishable under section 306/34 of Indian Penal Code and the appellants Baidyanath Mardi & Budhin Soren (appellants in CRa 993 of 2013) shall suffer simple imprisonment for three years each and also to pay fine of Rs. 2,000/- each, in default, to suffer further simple imprisonment for three month each for the offence punishable under section 498a/34 of the Indian Penal Code and further suffer simple imprisonment for five years and to pay Rs.2,000/- each, in default, to suffer simple imprisonment for three months more for offence under Section 306/34 of the Indian Penal Code; both the sentences directed run concurrently.

Prosecution case, as alleged, against the appellants is to the effect six years ago Bimali Hansda was married to Shyamal Mardi observing Hindu rites and customs. Dowry was paid at the time of marriage. a child was born from the wedlock. appellants pressurized Bimali to bring 5,000/-as further dowry. She was tortured on such score. Shyamal in an inebriated condition inflicted physical torture on her. One and half years ago due to severe beating Bimali suffered fractures and was hospitalized. a complaint was lodged at the police station against Shyamal and Budhin. Subsequently, the appellants tendered apology and an amicable settlement was arrived at between the parties. Bimali returned to the matrimonial home and a second child was born to the couple. However, torture continued upon the victim lady unabated. On 06.03.2012 at 7.00 P.M., unable to bear the torture Bimali committed suicide by consuming poison. She was taken at Balurghat hospital where she was declared dead.

Raban Hasda (P.W.1), brother of the deceased lady, lodged written complaint resulting in registration of Balurghat P.S. case No. 119 of 2012 dated 07.03.2012 under Section 498a/304B/302/34 of the Indian Penal Code. In conclusion of investigation charge-sheet was filed and charges were framed under Section 498a/34/304B/34/306/34 of the Indian Penal Code against the appellants. They pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined 11 witnesses and exhibited a number of documents.

Defence of the appellants was one of innocence and false implication. In conclusion of trial, the trial judge by the impugned judgment and order dated 26th November, 2013 and 27th November, 2013 convicted and sentenced the appellants, as aforesaid.

Mr. acharyya, learned advocate appearing for the appellants argues the prosecution case of torture of housewife over demand of dowry had not been proved. Bimali had married Shyamal out of love which was not approved by her relations. They did not maintain social contact with her. Hence, there was no question of demanding dowry and evidence of the relations of Bimali regarding torture are hearsay and inadmissible in law. No document with regard to physical torture upon Bimali resulting in hospitalization has been produced. allegation of torture is also not supported by independent witnesses. Most vital witness, namely, Saraswati