Prosecution must prove beyond reasonable doubt that cruelty occurred shortly before the victim's death to establish dowry death under IPC sections 304B and 498A; general allegations are insufficient.

JUDGMENT :

Ananya Bandyopadhyay, J.

1. This instant criminal appeal is filed against the judgment and order dated 28.04.09 passed by the Learned Additional Sessions Judge, Fast Track, 1st Court, Malda in Sessions Case No. 18/2006 being Sessions Trial NO. 1(1)/2008, convicting the appellants under Section 498A/304B/34 of the INDIAN PENAL CODE and sentencing the appellants to suffer simple imprisonment for 7 years each for the offence 304B of the INDIAN PENAL CODE and to suffer simple imprisonment for 2 years and to pay a fine of Rs. 500/-each in default to suffer further simple imprisonment for 2 months each for the offence under Section 498A of the INDIAN PENAL CODE .

2. The prosecution case precisely stated that on 19.09.02 at 19:35 hrs one Mukul Rani Das lodged a complaint at Harishchandrapur Police Station on an allegation that her daughter namely Smriti Das aged about 23 years was married to Shyamapada Saha providing sufficient dowry. After one and half years of peaceful marriage accuseds Radhyeshyam Saha, Subhas Saha started to torture upon her both physically and mentally.

3. It was further alleged that accused Shyamapada Saha at the instigation of accused Radhyashyam Saha, Subhash Saha and Sikha Saha used to assault Smriti Saha, the daughter of the de-facto complainant as reported to her over telephone by her deceased daughter.

4. Accused No.1 used to send her daughter on demand of money, which could not be fulfilled due to financial incapacity and would console the victim to return to her matrimonial home.

5. 25/26 days before the incident accused Shyamapada Saha being instigated by his mother assaulted the victim and sent her to her parental house. The victim Smriti Saha, declined to go back to the matrimonial house because of intolerable torture perpetrated upon her.

6. It was further alleged that on 02-09-2002 de-facto complainant persuaded the victim to return to her matrimonial home. On 19-2-2002 at noon time at about 11-30 A.M. Netai Saha, the elder brother of Shyamapada Saha, rang Radharani Das, the youngest daughter of the de-facto complainant intimating her that the victim suffered diarrhoea and on receipt of such information the de-facto complainant hurriedly reached the matrimonial house of her daughter and found her dead.

7. It was further asserted in the F.I.R. that it was the firm conviction that her daughter had been murdered.

8. On the basis of such F.I.R. Harishchandrapur P.S. Case No. 115/ 2002, dated 19-9-2002, U/S. 498(A)/304B/34 of 1.P.C. was started and investigation was set in motion and after completion of investigation Charge Sheet U/S. 498(A)/3048/34 of 1.P.C. was submitted against all the convicts and the Charge-Sheet was submitted on 30/6/2003.

9. The trial court framed Charge against all the accused, persons U/S. 498(A)/3048/34 of 1.P.C. on 17-01-2008 to which they pleaded not guilty and claimed to be tried.

10. In course of trial the prosecution examined as many as 16 witnesses and exhibited certain documents.

11. Out of the witnesses examined two sisters of the deceased, namely Rina @ Bina Mondal and Radharani Das were examined as PW-1 and PW-11 respectively. The mother of the deceased Mukul Rani Das was examined as PW-5 and the brother of the deceased Biswajit Das was examined as PW-12. PW-2 Dhirendra Nath Das who is the 'Meshomosai' of the deceased has been declared hostile and PW-10 Laxmi Das who is the cousin sister of the deceased has also been