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JOYMALYA BAGCHI, SUBHENDU SAMANTA
Debasish Roy – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
JOYMALYA BAGCHI, J.
1. Appeal is directed against judgment and order dated 30.08.2019 passed by learned Additional Sessions Judge, Fast Track, 2nd Court, Jalpaiguri in Sessions Case No. 434 of 2013 (S.T. No. 08 of 2014) convicting the appellants for commission of offence punishable under Sections 302/304B/34 of the Indian Penal Code and sentencing them to suffer imprisonment for life and to pay a fine of Rs.1,00,000/- each, in default, to suffer rigorous imprisonment for six months more.
2. At the outset, it is submitted that appellant no. 3 viz. Anjali Roy has expired. Death certificate is already placed on record. Hence, the appeal so far as appellant no. 3 is concerned stands abated.
Prosecution case:
3. Prosecution case as alleged against the appellants is to the effect that one Tanuka Roy Chakraborty married appellant no. 1 viz. Debasish Roy on 30.01.2010. Appellant no. 2 viz. Dulal Chandra Roy was her father-in-law. The couple resided at the matrimonial home with the in-laws. A girl child was born to the couple. Tanuka was subjected to mental and physical torture. After birth of girl child, torture increased upon Tanuka. On 12.03.2013 at around 7:00 A.M. Debasish inform
The central legal point established in the judgment is the interpretation and application of the provisions of Section 304-B of the IPC and Section 113-B of the Indian Evidence Act in establishing th....
In cases of dowry death, the prosecution must prove the demand of dowry and torture of the wife by the husband or his relatives. The death must be shown to be homicidal, and the foundational facts at....
The prosecution must prove demand for dowry and cruelty to establish a dowry death under Section 304B IPC, leading to a presumption of guilt against the accused.
Circumstantial evidence must establish guilt beyond reasonable doubt; appellant convicted for dowry death after proving ongoing cruelty, not murder.
Section 113 B of Indian Evidence Act, 1872 deals with a presumption as to dowry death.
Point of Law : under Section 106 of Evidence Act, 1872, there is a corresponding burden on the accused-husband to give cogent explanation as to how the crime was committed. The appellant cannot get a....
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