Monju Roy & Ors. Vs. State of West Bengal
Indian Penal Code,1860 - Section 498-A , Section 306 , Section 304-B
Dowry Death - Appeal against Conviction - Allegation is that all the five family members i.e. husband of the deceased, mother-in-law, two sisters-inlaw and one brother in law of the deceased raised a demand of Rs.5000/- - Further stated that all the family members harassed her but no individual role in harassment specified -View taken by the courts below that the deceased was subjected to harassment on account of non-fulfillment of dowry demand upheld - However merit found in the submission that possibility of naming all the family members by way of exaggeration is not ruled out - Omnibus allegation against all family members particularly against brothers and sisters and other relatives do not stand on same footing as husband and parents - Appellants' being two sister-in-law and brother-in-law of the deceased their having been named by way of exaggeration cannot be ruled out - Appellants given benefit of doubt and their conviction and sentence under Section 304B IPC liable to be set aside without interfering with conviction and sentence under other heads.
Topic(s)-Dowry Death - Omnibus allegation - All family members - Acquittal of Sisters/Brothers in laws
Important Decision(s)- Dowry Death - All the family members harassed her but no individual role in harassment specified - Acquittal of Sisters/Brothers in laws.