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

The Hon’ble Justice Prasenjit Biswas C.R.A. 541 of 2005 Binoy Mondal & Ors -Versus-

The State of West Bengal For the Appellant : Ms. Jonaki Saha For the State : Mrs. Faria Hossain, Ms. Baisali Basu Hearing concluded on : 04.04.2025 Judgment On : 10.04.2025 Prasenjit Biswas, J:-

1. The instant appeal is directed against the judgment and order dated

30.06.2005 and 01.07.2005 passed by the learned Trial Court in connection with Sessions Trial No. 31 of 2003 corresponding to Sessions Case No. 190 of 2002 convicting the appellants for commission of offence punishable under Sections 498/306 of the Indian Penal Code and sentenced them to suffer rigorous imprisonment for three years and to pay a fine of Rs. 2000/- each in default to suffer imprisonment in a further period of three months for commission of an offence punishable under Section 498A of the Indian Penal Code. These appellants are further sentenced to suffer rigorous imprisonment of seven years and to pay a fine of Rs. 5000/- each in default to suffer imprisonment for further period of six months each for commission of an offence punishable under Section 306 of the Indian Penal Code.

2. In short campus the story of the prosecution is delineated hereunder-

The victim, the sister of the de-facto complainant was married with the accused Binoy Mondal three years ago since the lodging of FIR. It is stated that all the appellants convicts being the husband, mother-in- law and sister-in-law of the victim used to assault her on demand of more dowry. It is further stated that one month before the lodging of the FIR all the accused persons assaulted the victim and drove her out from their house. The de-facto complainant went to the matrimonial house of her sister (victim) and settled the disputes which cropped up in between them. The victim went to her matrimonial house on 03.11.1997 and on 05.11.1997 this de-facto complainant at about 8 o’ clock in the morning came to know from the informant that all the appellants convicts assaulted his sister with feast and blows in the night of 04.11.1997 and for such torture inflicted upon her sister the victim committed suicide at about 11 o’ clock in the night of 04.11.1997 by swallowing poison. This de-facto complainant immediately rushed to the matrimonial house of her sister and found the dead body of the victim lying on a cot outside the house. He has reported the facts in writing to the police and concerned police station started case being Kaliachak P.S. Case No. 176/97 dated 05.11.1997 under Section 498A/306 of IPC. After completion of investigation police submitted charge-sheet under Section 498A/306 of Indian Penal Code against these appellants/ convicts. The charges were framed by the Trial Court against each of the accused persons under Sections 498A/304B/34 and 306/34 of the Indian Penal Code and the trial commenced. The appellants/convicts pleaded not guilty and claimed to be tried.

3. In this case, nine witnesses were cited by the side of the prosecution and documents were marked as exhibits on its behalf. Neither any oral nor any documentary evidence was adduced by the side of the defence.

4. Ms. Jonaki Saha, learned Amicus Curiae on behalf of the appellant submitted that there are apparent contradictions in the statements of the witnesses. Medical Officer had failed to give any positive opinion about cause of death of the victim. Although, PW1 stated in his evidence that he suspected that the cause of death of the victim was due to poisoning and as such, he preserved viscera for chemical examination report but the said report has not been produced by the side of the prosecution.

5. It is further said by the learned Advocate that although PW3/ de-facto complainant stated in his evidence that all the appellants/convicts used to torture upon the victim on demand of more dowry and his daughter committed suicide due to such torture inflicted upon her by t