IMPORTANT POINT
The court clarified that the essential elements of cruelty and its connection to dowry demands must be proven to establish guilt under Sections 304B and 498A of the IPC.

JUDGMENT :

Ananya Bandyopadhyay, J.

1. This appeal is preferred against the judgment and order dated 10th May and 11th March, 2005 passed by the Learned Additional Sessions Judge, Fast Track Court, 1st Court, Diamond Harbour, 24-Parganas (South) in Sessions Trial No. 16(4) of 2004 arising out of Sessions Case No. 34(3) of 2004 arising out of G.R. No. 1151 of 2003 found the accused/appellant guilty and convicted for the offence under Sections 498A/304B/306 of the Indian Penal Code and sentenced her for 7 (seven) years rigorous imprisonment under Section 304B of the Indian Penal Code.

2. The prosecution case precisely stated a complaint to have been lodged by the father of the victim, inter alia, stating that his daughter was married to the accused no. 1 on 17.04.03 and he had granted a cash amount as gift as well as dowry at the time of the marriage. After a lapse of one and a half month of the marriage, the accused persons subjected his daughter to physical and mental torture for gleaning further money. The complainant had met the demand of the accused persons on an assumption of future happy married life of his daughter. However, the intensity of torture did not diminish but aggravated with time which was tried to be resolved through the intervention of local people but in vain. On last Durga Puja, while his daughter had told accused no. 1 to go to his house along with her, accused no. 1 went to Kolkata in his relative’s house without taking his daughter. On searching for the reason why accused no. 1 did not go to his house at Kolkata along with his daughter, he came to know that work place of accused no. 1 was at Kolkata and he did not take the complainant’s daughter to Kolkata due to his illicit relationship with some other lady. On last 19.10.2003 as per English calendar at about 8 a.m. in the morning the complainant’s daughter had a quarrel with accused no. 2 and 3 in this regard and then the quarrel had been started between the complainant’s daughter and accused no. 2 and accused no. 3. During that dispute, the accused no. 3 had beaten the complainant’s daughter extreme violently and due to that his daughter became senseless and then neighbours had rescued his daughter and while they had taken initiative for her treatment accused no. 3 started saying abusive language and as such neighbours had gone away. It was the complainant’s assumption that either accused no. 2 or 3 poured poison into his daughter’s mouth while she was in worst condition or his daughter had compelled to commit suicide by consuming poison being irritated on their torments.

3. Based on the complaint as aforesaid Raidighi P.S. case No. 110 dated 20.10.03 under Sections 498A/304B of the Indian Penal Code was registered.

4. On completion of the investigation, charge-sheet was filed. Subsequently, charges were framed to which the appellant pleaded not guilty and claimed to be tried.

5. Considered the submissions of the Learned Advocate for the appellant as well as the State.

6. A circumspection of evidence of the prosecution witnesses revealed as follows:-

i. Brojohari Niyea, father of the deceased filed a written complaint on 20.10.2003, inter alia, stating that on 19.10.2003 he came to know about the death of her daughter by suicide. He further stated that on such date, a quarrel ensued between the deceased and appellant herein and husband of appellant and he alleged that appellant had beaten the deceased extreme violently and also alleged that due to such incident her daughter committed suicide. While the Surathal Report as well as the post mortem report clearly stated that no mark of any wounds or injuries were found in the body of the deceased. Thus, statements made in the written complaint were contradictory.

ii. Brojohari Niyea (PW-1), father of the deceased, stated that on reaching the house of the appellant on the date of death of his daughter, he came to know that from the locals that there used to be quarrel between her and her husband on account of her