IMPORTANT POINT
Conviction under IPC Sections 498A and 304B requires clear evidence of cruelty or harassment linked to dowry demands, which was absent in this case.

JUDGMENT :

Md. Shabbar Rashidi, J.

1. The instant appeal is in assailment of the judgment of conviction dated February 22, 2006 and order of sentence dated February 23, 2006 passed by learned additional District and Sessions Judge, Durgapur in Sessions Case No. 01 of 2003.

2. By the impugned judgment and order, the appellants were convicted for the offences punishable under Section 498A/ 304B/ 34 of the Indian Penal Code. The appellant Tarak Chandra Mondal was sentenced with imprisonment for two years and fine of Rs.5,000/- for the offences punishable under Section 498 of the Indian Penal Code and in default of payment of fine, he was sentenced for another six months. The said appellant was also sentenced for rigorous imprisonment of ten years for the offences punishable under Section 304B of the Indian Penal Code.

3. The appellant Dulal Mondal was sentenced to simple imprisonment for two years with a fine of Rs.5,000/- for the offences punishable under Section 498A of the Indian Penal Code and in default of payment of fine; he was sentenced to undergo simple imprisonment for another six months.

4. The appellant Dulal Mondal was also sentenced to seven years imprisonment for the offences punishable under Section 304B of the Indian Penal Code. Hemlata Mondal was sentenced to simple imprisonment for two years for offences punishable under Section 498A of the Indian Penal Code and simple imprisonment for seven years for the offences punishable under Section 304B. All the sentences were directed to run concurrently.

5. Appellant No. 2, Dulal Mondal expired during the pendency of the appeal and the appeal was directed to have been abated as against him by order dated December 12, 2023.

6. The case was initiated on the basis of written complaint lodged by one Narayan Chandra Mondal on June 16, 1998. The de facto complainant stated that at the relevant point of time, he was residing at Jabbalpur, Madhya Pradesh, in connection with his job in the Jabbalpur Diesel Factory. He further stated that his third daughter i.e. the victim was married to the appellant Tarak Chandra Mondal on April 17, 1998. The marriage was solemnized at the house of brother-in-law of the de facto complainant at Kanchan Nagar within Burdwan P.S. The de facto complainant returned to his place of work after the solemnization of marriage and his victim daughter went to her matrimonial house and started residing in matrimony with the appellants.

7. The de facto complainant also stated that he had written several letters to the father-in-law of his daughter but the said letters were never responded to by the father-in-law or the husband of the victim. Thereafter, the second son-in-law and one cousin of the de facto complainant visited the matrimonial house of the victim on the day of Jamai Sasthi when they stayed there for three days. At that time, they came to know that the victim was subjected to physical and mental torture by her husband and parents-in-law since after her marriage. The victim also requested the aforesaid persons to inform the de facto complainant. The cousin of the de facto complainant namely Khokon Roy informed the de facto complainant that tortures were being inflicted upon the victim by her in-laws. Hearing this, the de facto complainant decided to visit the matrimonial house of the victim in the month of June.

8. The written complaint also disclosed that on June 14, at about 3.45 p.m., one Subhankar Halder informed him over telephone that the victim had suddenly died at her matrimonial house. The de facto complainant and his brother took a train from Jabalpur on June 14, 1998 at about 11.40 p.m. and after getting down at Bardhaman station on June 16, 1998 at 7 a.m., they immediately rushed to the matrimonial house of the victim and met the said Subhankar Haldar. He came to know that the victim consumed poison on June 14, at her matrimonial house. She was taken to hospital at about 8/8.30 hrs. and she died shortly thereafter. The dead body was then sent