IN THE HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Prasenjit Biswas C.R.A. 150 of 2009 Dilip Das & Ors.

-Versus-

The State of West Bengal For the Appellants : Mr. Swapan Kumar Mallick, Ms. Sudeshna Das, Ms. Puja Naskar.

For the State : Ms. Faria Hossain, A.P.P.

Mr. Asif Dewan.

Hearing concluded on : 21.04.2025 Judgment On : 30.04.2025 Prasenjit Biswas, J:-

1. This Criminal Appeal is filed by the appellants against the judgment and order of conviction and sentence dated 10.04.2008 passed in Sessions Case No. 3(2)/05 (Sessions Trial No. 8(6)/05) by the learned Additional Sessions Judge, Fast Track Court, Baruipur finding the appellants guilty for commission of the offence under Section 498A and convicted and sentenced them to undergo three years simple imprisonment and to pay a fine of Rs. 5,000/- each and in default to simple imprisonment for one year and if the fine is paid 50% of the realised amount should be handed over to the legal heirs of the deceased. The appellants were acquitted under Section 235(1) of the Code of Criminal Procedure from the charges framed under Sections 304B/302 of the Indian Penal Code.

2. Shorn of details, the facts leading up to the present appeal are as under:

A written complaint was lodged before the Officer-in-Charge of Joynagar Police Station by the father of the de-facto complainant namely, Amarendra Nath Sardar of the Village and P.O. Sarberia, P.S. Joynagar in the district South 24-Parganas to the effect that the marriage of his daughter Mousumi took place with the accused Dilip Das of village Ramchandrapur in the last month of Baisak before lodging of complaint. It is stated in the written complaint that after marriage all the appellants used to inflict physical and mental torture upon his daughter on demand of more money. The appellants being the husband, father-in-law and step mother-in-law used to give pressure upon the victim to bring money from her father’s house and in such way all the appellants used to make mental torture upon the victim. On 09.07.2002 the daughter of the de-facto complainant committed suicide and it is stated that all the appellants instigated the daughter of the de-facto complainant to commit suicide.

3. On the basis of such written complaint a case was started by the concerned P.S. being Joynagar P.S. Case No. 83 dated 10.07.2002 under Section 498/306 of the Indian Penal Code. After completion of investigation the charge-sheet was submitted by the prosecuting agency.

4. The charge was framed against these appellants under Sections

498A/304B/302 of the Indian Penal Code by the learned Trial court. The accused persons pleaded not guilty and claimed to be tried.

5. During trial prosecution has examined 23 witnesses and exhibited the documents which are marked as exhibits 1 to 7. No oral evidence has been adduced by the side of the defence. Only a document is marked as Exhibit A on their behalf.

6. Mr. Swapan Kumar Mallick, learned Counsel for the appellants has assailed the impugned judgment and conviction of sentence on the following grounds:

i) The impugned judgment and order of conviction passed by the learned Trial Court is full of inconsistencies and contradictions. It is said that the accused persons were acquitted from the charge framed under Section 304B because it could not be proved that the victim before her death was subjected to any cruelty or harassment by anyone of the present appellants. The acquittal of these appellants from the charge under Section 302 of the Indian Penal Code speaks for innocence of this appellant relating to the unnatural death of the victim. These appellants were not in any way connected with the death of the victim. The Investigating Officer could not find any justification, after enquiry to retain the Section

306 of Indian Penal Code in the charge-sheet.

ii) The depositions of the prosecution witnesses are not trustworthy and not so strong to prove the offence under Section 498A against t