JUDGMENT :

CHAITALI CHATTERJEE DAS, J.

1. The instant appeal has been filed against the judgement and order dated16.6.2006, 18.6.2006 and 25.7.2007 by the Learned Additional Sessions Judge, 1st court, Howrah in session Trial no. 610 of 2006 whereby passed the order of conviction under section 498A of the Indian penal code against the appellant .

Brief fact of the case

2. The prosecution case in brief is that the daughter of Sheikh Yakub Ali the de-facto complainant got married with the appellant on 17.2.2004. A complaint was lodged on 15.5.2007 by said Yakub Ali to the officer in-charge J.B Pura Police Station, Howrah, alleging against the present appellant of inflicting physical and mental torture upon his daughter immediately after the marriage. It was further alleged that initially his daughter did not disclose anything to him, but after being informed by Sk Oliulla of that locality about the torture on his daughter, on asking , she broke down and admitted about the torture. The said fact was disclosed to Shafikul Mulla , member of Gram Panchayat, head of Gram Panchayath, Sankarhati -II Panchayat, and other people of the village and all of them asked the appellant and his mother to stop the torture, but everything went in vain. A meeting was held over this issue in the woman shelter of the police station with his daughter, son- in-law and women member of Police Station for reconciliation but the torture continued, and his daughter broke down mentally and physically. It was also alleged that the de-facto complaint tried a lot for meeting of their demand, but on several occasion, their demand was beyond his capacity. On 17. 4.2005, Sunday in the evening (torn) the victim came to him and disclosed that her mother-in-law is creating pressure for bringing an amount of Rs. 1 and ½ lakh and the defacto complainant expressed his inability then on that night his daughter became ill and she was taken to hospital where she died. The doctor told that she died due to consumption of poison.

3. The de facto complainant lodged the complaint as the death of his daughter was caused due to the torture by his son-in-law and his mother. On the basis of the complaint lodged on 18.4.2005, the J.BPUR Police Station started the case No. 27 dated 18.4.05 under Section 498A/304B/34 of the Indian Penal Code against the Appellant and Tahura Bewa the mother in law of the victim. On completion of investigation, the charge sheet was submitted against them and the learned Chief Judicial Magistrate, Howrah took the cognizance of the offence and the case was committed to the court of sessions and ultimately transferred to the court of Learned Additional Sessions, Judge, 1st court, Howrah. The Learned Sessions Court after considering the materials framed the charges under sections 498A/304/34 of the Indian Penal Code against the accused persons, which were read over and explained to them to which they pleaded, not guilty and claimed to be tried. Hence the trial commenced.

4. In this case 28 prosecution witnesses were examined to substantiate the charges by the prosecution and by virtue of the judgement and order the learned court passed the order of conviction against the accused persons under section 498A/34 of the Indian penal code and acquitted them from the charges under Section 304B of the Indian Penal Code. The learned court also on 18.6.2007, heard the applicant and his mother on the point of sentence and a report was called from the Probation Officer under section 4(2) of the Probation of Offenders Act. On 25.7.2007 after hearing the learned Advocate for the appellant and considering the report of the Probation Officer, direct the applicant to be released on probation for a period of one year and the other convict being the mother of the appellant was discharged under the Probation Officer Offenders Act.

Submission

5. It is submitted by the learned Advocate, representing the Appellant that the judgement of the learned trial court is based on conjectures and s