IMPORTANT POINT
Vague testimonies lacking specific details cannot sustain a conviction under Section 498A IPC for cruelty.

JUDGMENT :

Partha Sarathi Sen, J.

1. In this appeal the judgment and order of sentence dated 02.02.1999 as passed in Sessions Trial No. 1 of November, 1997 (Sessions Case No. 41 of 1996) by the learned Additional Sessions Judge, 1st Court, Suri, Birbhum has been assailed at the instance of the three convicts of the said sessions trial. It is pertinent to mention herein that during the pendency of the instant appeal, the appellant no. 3, Tagar Chakraborty died and accordingly, the instant appeal stands abated as regards the said appellant no. 3, Tagar Chakraborty.

2. For effective disposal of the instant appeal, the facts leading to initiation of the aforesaid Sessions Trial are required to be discussed in a nutshell.

3. On 27.07.1995, one Sankari Chatterjee of Village-Pachundi P.S. Ketugram lodged a written complaint with the Officer-in-Charge, Nanoor Police Station, District – Birbhum stating, inter alia, that on December 12, 1991, the marriage between her youngest daughter Manasi Chakraborty @ Chaina was solemnized with one Santosh Chakraborty, the appellant no. 1 herein and at the time of such marriage, various nuptial gifts including gold ornaments and Rs. 70,000-75,000/-in cash were given. It has been alleged further in the said written complaint that since such marriage the said Santosh Chakraborty, one Tagar Chakraborty, the mother of the Santosh Chakraborty, since deceased and one Noton Chakraborty, the brother of the said Santosh Chakraborty, the appellant no. 2 herein on some pretext or other used to inflict torture, both physical and mental upon her said daughter. It has also been alleged that the said three accused persons did not provide any medical treatment at the time of her illness and on the contrary, the said three accused persons used to pressurized her said daughter to provide a job to the son-in-law of the informant.

4. It has been stated further in the said written complaint that her daughter Manasi Chakraborty @ Chaina, since deceased during her lifetime stated about such torture to her mother, the informant and her relatives but with the expectation that she would lead a happy married life in future, the informant used to pacify her grievance by soft words and, thereafter, sent back her to her matrimonial home.

5. It has been stated further in the said written complaint that on 22.07.1995, an information was given at her house at Pachundi that her daughter was suffering from Diarrhoea. On receipt of such information, when her eldest son-in-law went to the matrimonial home of the said Manasi Chakraborty, he came to learn that the victim suffered burn injury and she was taken to Bolpur Sub-Divisional Hospital where she succumbed to her injuries.

6. On the basis of such written complaint, Nanoor P.S. Case No. 54 of 1995 dated 27.07.1995 under Sections 498A/306 IPC was started.

7. Investigation was taken up and on completion of the same, charge-sheet was submitted under Sections 498A/306 IPC against the aforementioned three accused persons.

8. After commitment and transfer, the learned trial Court on 11.09.1996 considered the charges against the accused persons on the basis of the materials placed before him and thus, framed charges under Sections 498A/306 IPC against the accused persons.

9. In order to bring home the charges as against the aforementioned three accused persons, the prosecution before the learned trial Court had examined 12 witnesses in all and some documents have been exhibited on their behalf. Before the learned trial Court, no witness was tendered by the defence. However, from the trend of cross-examination of the prosecution witnesses as well as from the answers as given by the accused persons in their respective examinations under Section 313 Cr.P.C., it appears to this Court that the defence case is based on clear denial and false implication.

10. Learned trial Court after considering the evidence of the prosecution witnesses, both oral and documentary as well as the documentary evidence on the