B. N. Singh Neelam, J. — This criminal appeal is so preferred by the accused appellants named above under section 374 (2) of the CrPC against the judgment and order of conviction so passed by the learned Addl Sessions Judge, South Impura, Udaipur dated 28,6.96 in Sessions Trial No. 59(ST/U)/93 convicting the accused/appellants under section 304B of the IPC and sentencing each of them to undergo RI for life. 2. The prosecution case put in narrow compass is that on 14.2.89 an information was so communicated to the Officer In-charge Radha Kishorepur Police Station from Pitra. Out Post on wireless, relating to an unnatural death occurring as reported from South Brajendranagar under Killa Police Station which was so communicated to Killa Police Station at 08-15 hours and accordingly a QD Entry No.267 was entered on 14.2.89. The UD entry and GD entry were so made relating to the unnatural death of Helon Rani Sarkar and law was set in motion when the police reached to the place of occurrence in Pitra village to the house of Sri Sudhangsu Sarkar one of the accused/appellants, the deceased feeing his daughter-in-law. It is after that when report was so lodged by Sri Nripen Chandra Bhowmick of Kishoreganj at Udaipur PS (PW 1) who happens to be ie father of the deceased Helon Rani Sarkar and the same has been marked as Ext P (i) series. It is on the basis of the ejahar police registered Killa PS Case No. 2(2)789 under sections 498A/304B of the IPC. As per the first informant as detailed in the FIR so given by PW 1, the father of the deceased, his daughter at her in-law's place was done to death in most suspicious and abnormal circumstances within 7 years of her marriage and prior to her death she was even subjected to harassment by her husband and relatives of her husband in connection with the demand of dowry so made. This will not be out of place to mention that the accused/appellants facing trial are no one else but the husband, husband's parents and husband's elder brother of the deceased.
This will not be out of place to mention that the accused/appellants facing trial are no one else but the husband, husband's parents and husband's elder brother of the deceased. The informant has given the details with regard to the date of marriage of Helon Rani Sarkar with Prabir Sarkar one of the sons of Sudhangshu Sarkar in the month of Agrahayana 1394 BS though marriage was initially settled with Manik Sarkar, the elder son of Sri Sudhangshu Sarkar, details are also given with regard to subsequent dowry demand so made. Helon Rani Sarkar fell sick being not attended at her in-law's place and when on the alleged date of occurrence Helon Rani Sarkar was taken back at her in-law's place by die father-informant accompanied with one of his nephews, in his presence Helon Rani Sarkar was so put to harassment which was so much embarrassing when once again on mat fateful night of 13.2.89 in her presence such dowry demand was so made and when the informant was having meal with accused/appellant Manik Sarkar at about 22 hours on the same night Helon Rani Sarkar's dead body was so found in the back side of the hut of Sudhangshu Sarkar, the father-in-law of the deceased in a most suspicious circumstances having injuries blood coming out from mouth and mistral and even gamaxin powder found nearby. After completion of the investigation it further transpires mat the charge-sheet was so submitted on 11.12.90 against the accused/appellants on the basis of which cognizance of offence was so taken in GR Case No. 35 of 1989. The charge was so framed against the accused appellants under section 304B of the IPC and they were committed to the Court of Sessions as to face die trial. In die course of trial it further transpires that as many as 22 witnesses were/so examined on behalf of the prosecution and two witnesses on behalf of the defence. Taking into consideration the claim and counter claim so put by the prosecution and die defence side also alter evaluating die evidence so available on record oral and documentary, the learned Add!
Taking into consideration the claim and counter claim so put by the prosecution and die defence side also alter evaluating die evidence so available on record oral and documentary, the learned Add! Sessions Judge came to the conclusion with regard to die prosecution establishing the guilt of the accused/appellants of their committing offence coming under the purview of section 304B of the IPC and thus by the impugned judgment under challenge convicted all die above named 4 accused/appellants under section 304B of die IPC and sentenced them to undergo RI for life. Hence this criminal appeal, 3. Heard Mr. AK Bhowmik, learned senior counsel appearing for the appellants. 4. It is submitted by die learned senior counsel Mr. Bhowmik representing the appellants that impugned judgment of conviction and sentence so passed rather are unjust, materially irregular and thus liable to be set aside mainly on the ground that there was total non appreciation of the evidence on record and dial the learned Addl Sessions Judge has thus arrived at a wrong and erroneous findings causing great injustice to the appellants Firstly it is pointed out in support of mis-contention that there is undue delay in reporting the matter because for the occurrence taking place on 13.2.89 die matter is so reported by giving FIR by PW 1 the first informant next day without satisfactory explanation. Secondly it is pointed out that as per die prosecution case, the informant along with die nephew Dipak Dos had accompanied Helon Rani Sarkar at her in-laws place on 13.2.89 the matter is so reported by giving FIR by PW1when the first informant once again the demand for the do wry of articles was so made in their presence and Helon Rani Sarkar was put to embarrassment/harassment and soon thereafter her dead body was recovered from the back portion of the house of the accused appellants in an injured condition and in such circumstances, Dipak Das can very well be said to be the competent witness or their an eye witness to such conversion and harassment so being put on the lady on 13.2.89. But surprisingly enough from prosecution side this witness has not been examined.
But surprisingly enough from prosecution side this witness has not been examined. It is also pointed out that on no account it can be said that there was any dowry demand even the lawful marriage of Helon Rani Sarkar with Prabir Sarkar one of the accused/appellants is challenged and the witnesses so examined on the point of marriage/dowry demand/cruelty/ harassment are the interested witnesses whose evidence would not have been relied upon. In this memo of appeal one ground is also taken that since on the alleged day of marriage both the boy and girl were minor even if any ceremony took place under the provisions of Hindu Marriage Act, 1955, it could have no legal force. The marriage between Helon Rani Sarkar and Prabir Sarkar being thus not proved upto the hilt by the prosecution. There was thus no question of the accused/appellants committing any offence coming under the purview of dowry death. Thirdly, it is also pointed out that the accused/appellants can also not be held any way guilty of their committing any offence under the purview of section 306 of the IPC because a person cannot be convicted had committed suicide. In support of this contention Mr. Bhowmick learned senior counsel has referred to a reported case AIR 19891 SC 378, Wazir Chaiid & others vs. State of Haryana. By referring to this reported case, it is pointed out that proof of deceased committing suicide is a condition precedent for convicting anyone under section 306 of the IPC. As regards the definition or" cruelty and harassment so incorporated under section 498A of the IPC, it is pointed out that within the said four-walls of the said definition and in the background of the facts and circumstances of this case, on account it can also be said with regard to the lady Helon Rani Sarkar at any time subjected to cruelty or harassment in connection with the dowry Remand. Casually is also referred that good number of PWs such as PWs 3,4,9 and 18 are tendered on behalf of the prosecution as they were not going to support the prosecution story. PW 2 is declare hostile and PWs 12, 13 and 17 are formal witnesses.
Casually is also referred that good number of PWs such as PWs 3,4,9 and 18 are tendered on behalf of the prosecution as they were not going to support the prosecution story. PW 2 is declare hostile and PWs 12, 13 and 17 are formal witnesses. It is further submitted that while going through the oral evidence of the material prosecution witnesses it will transpire that PW 1 happens to be the father of the deceased, PW 16 mother of the deceased and they are interested witnesses being the father and mother and their evidence would have been accepted with great caution which has hot been done. Even on the point of marriage and dowry demand, it is pointed out that though good number of witnesses are produced from prosecution side but on scrutiny they cannot be found trustworthy and their evidence would not have been relied upon. It is further averred that uncorroborated story with regard to dowry demand had been so put coming from the mouth of some of the prosecution witnesses but they have given different stories and have also not well stood the test of cross-examination which was thus unsafe to be relied upon that too such oral evidence coming from the mouth of interested witnesses, oral evidence of DWs rather would have been accepted. Plea is also taken that the statement of accused/appellants were not so strictly recorded as per the provisions so contained under section 313 of the CrPC which has thus caused great prejudice to the accused/ appellant. The prosecution witnesses, it is also pointed out by Mr. Bhowmik learned senior counsel representing the appellants have also failed to explain some of the incriminating circumstances which might have-created strong suspicion but that cannot lead to the only conclusion that the accused/appellants has committed the offence. In the instant case, true it is that the dead body of Helon Rani Sarkar was so found having sortie injury marks but that in itself was not sufficient as to hold the accused appellants guilty of committing offence for which they were convicted and in support of this contention Mr. Bhowmick has relied upon a reported case in (1997) 3 SCC 26, State of Maharashtra vs. Ashok Sotelal Sukla.
Bhowmick has relied upon a reported case in (1997) 3 SCC 26, State of Maharashtra vs. Ashok Sotelal Sukla. Might be, as submitted, Helon Rani Sarkar comiriitted suicide which is also not proved in course of trial and since the prosecution has failed to substantiate that deceased out of frustration and harassment so put committed suicide so given by the accused/appellants, no conviction under section 304B or under section 306/498A of the IPC will lie. In this context another reported case has also been banked upon on behalf of the defence ie AIR 1986 SC 752 , Chanchal Kumari vs. Union Territory Chandigarh. Since there is thus no dependable and trustworthy witnesses coming from prosecution side even much contradictions so cropping up in their cross-examination, it is a fit case in which judgment of conviction and sentence so passed which are under challenge be thus set aside. 5. Mr. S. Das, learned PP representing the State is also heard at length. Mr Das submits that there is nothing wrong in the impugned judgment of conviction under challenge, the prosecution has established the guilt of the accused/appellants up to the hilt and they have thus rightly been convicted under section 304B of the IPC and sentenced to undergo RI for life. As regards the marriage of Helon Rani Sarkar, taking place With Prabir Sarkar one of the accused/appellants, that has been proved beyond reasonable doubt and on the point of marriage itself, reference is made to the depositions of PW 1, PW 5, PW 6, PW 7, PW 8, PW 10 and PW 11. It is further pointed out by the learned PP that on this point they have also well stood the test of cross-examination. On the point of harassment and dowry demand, the learned PP has referred to the depositions-of PW 1, PW 16 with that of PW 10 and PW 7 . By referring to the sequence of events taking place, the learned PP has submitted that there was dowry demand just after marriage coming from the members of the family of the deceased in-law's place.
By referring to the sequence of events taking place, the learned PP has submitted that there was dowry demand just after marriage coming from the members of the family of the deceased in-law's place. Even circumstances are shown with regard to her being neglected when she fell ill and she was admitted in hospital for sometime between the period 8.12.88 to 14.12.88 when none of the members from in-law's place cared to attend her which sufficiently reflects the strained relation which was so going on and also there is evidence to show that prior to the occurrence on 13.2.89 also there was dowry demand and Helon Rani Sarkar even was put to harassment when within an hour or so her dead body was so recovered from the house of the accused/ appellants lying in a hut belonging to the accused persons in the same homestead compound. Since no probable explanation is given by the defence side as to how Helon Rani Sarkar's dead body was discovered from their house and in the present circumstances when there is overwhelming evidence to prove that there was valid marriage between Helon Rani Sarkar and Prabir Sarkar and also that such death taking place within 7 years of the marriage and that there was reminder for meeting dowry demand by giving TV etc and also when Melon Rani Sarkar also was put to harassment when such demand was made in her presence on 13.2.89 it can safely be said that all the ingredients of section 304B of the IPC have been met with and thus accused/appellants have rightly been convicted. In support of this contention, the learned PP has referred to a reported case AIR 1998 SC 2628 , Prem Singh vs. State of Haryana if all other ingredients of section 304B ate established and if unnatural death of the lady has taken place within 7 years of the marriage and that too at her in-law's place, according to the learned PP nothing is left as to prove the guilt of the accused/appellants in such circumstance. He has also referred to a reported case in AIR 1991 SC 1226 Smti Santi & others vs. State of Haryana in support of this contention.
He has also referred to a reported case in AIR 1991 SC 1226 Smti Santi & others vs. State of Haryana in support of this contention. As regards the delay in reporting the matter by PW 1, it is pointed out that it is because of the U/D entry on the basis of G/D entry so made, and the police agency being found in action, the PW 1 did not straightway rush to the police station but when on preliminary interrogation the police found the U/D entry so made to be suspicious, it was the duty of the police to take it proper as to take ejahar of the deceased's father PW 1 and at the earliest moment the details with regard to occurrence taking place was so given can well be said to be satisfactory explanation for the delay in giving the ejahar which has rightly been accepted by the learned Court below. Thus it is pointed if there is an unnatural death taking place and the evidence of dowry demand and cruelty/harassment on the lady is proved and that the death takes place within 7 years of the marriage and marriage also being proved, the presumption under the provisions of section 113B of the Indian Evidence Act can well be taken with regard to the accused/appellants committed offence coming under the purview of section 304B of the IPC. When satisfactory explanation so comes forward for not reporting the matter in time, the learned PP submits that such delay on no count can be fatal to the prosecution case as also held in AIR 1994 SC 1418 State of West Bengal vs. Orilal Jaiswal. The learned PP has also referred to the evidence of PW 14 who is the Doctor who conducted the postmortem examination on 15.2.89. It is pointed out that the Doctor has given the details of the injuries so found on the person of the deceased, the repent so obtained in this case by Central Forensic Laboratory is also referred which as submitted supported the prosecution case with that of inquest report and the post mortem so proved and marked as exhibits. In such circumstances, hence the prayer is that the impugned judgment of conviction and sentence so passed thus do not require any interference.
In such circumstances, hence the prayer is that the impugned judgment of conviction and sentence so passed thus do not require any interference. Lastly it is pointed out that rightly the deposition of Prabir Sarkar one of the accused/appellants examined as DW 1 was not accepted by the learned Court below. It is pointed out that at one occasion this DW had disclaimed the marriage with Helon Rani Sarkar but in the cross-examination he is specific in saying that she died in their house and that at that time PW 1 father of the deceased was so present at their house which completely supported the prosecution version and so was the case with DW 2's stand which was rightly not taken into consideration who are produced on behalf of the defence as to establish that Helon Rani Sarkar was never ill treated. 6. After hearing the learned counsel of both sides,, we have carefully gone through the lower Court's records. On the point of marriage so taking place in between Helon Rani Sarkar (since deceased) with mat of Prabir Sarkar one of the accused/appellants, we find that the witnesses so produced ie PW 1, PW 5, PW6,PW7,PW 8,PW 10, PW II and PW 16 can well be said to be trustworthy . witnesses. They have would stood the test of cross examination. The discrepancies so cropping up here and there are minor and thus the prosecution in course of the trial has established this point beyond all reasonable doubts. As regards the death of Helon Rani Sarkar taking place in the night of 13.2.89 as admitted which has thus taken place within a period of 7 years from the date of wedlock; the year and month of wedlock of Helon Rani Sarkar and the accused/appellant Prabir Sarkar so coming from the mouth of PWs. On the point of harassment when the dowry demand was so made, the prosecution in course of trial has examined PW 1, PW 16 who are the parents of the deceased with mat of PW 7 particularly also PW 10. By scrutiny of die evidence of these witnesses, it transpires mat there was a dowry demand and even Helon Rani Sarkar also being neglected and no care was so taken at her in-laws place and she thus been put to harassment.
By scrutiny of die evidence of these witnesses, it transpires mat there was a dowry demand and even Helon Rani Sarkar also being neglected and no care was so taken at her in-laws place and she thus been put to harassment. The connotation of the word harassment is defined hi Explanation (b) of section 498A of the IPC. Not only this, rather even soon before her death she was subjected to harassment and in the instant case on 13.2.89 it is when in her presence the members of the family of the husband which included all the accused/ appellants started reminding the delivery of the demand so made such as TV etc lady being put to great harassment and was so embarrassing for her. Harassment also includes coercing to a woman by any person related to her to meet any unlawful demand for any property or valuable security is on account of failure by her or any person related to her to meet such demand. In this background it can well be said that in the instant case that soon before her death, Helon Rani Sarkar was subjected to harassment at her in-laws house on 13.2.89 in the night when her father PW I was so humiliated for not meeting the dowry demand so made earlier. Over and above mis aspect, we have also carefully gone through the circumstances and the consequence of events under which the death of Helon Rani Sarkar took place. That the occurrence has taken place hi one of the portion of the homestead dwelling house of the accused appellants and admittedly it was not a natural death rather the death had taken place in abnormal circumstance and bodily injuries were so also found on her person. Needless to give details of the postmortem report being proved by the PW 14, we find that on the person of the deceased following external injuries were found: (1) contusion irregular in shape 2" x 3" on the 3rd and 4th coastal cartilage 1/4 to the right of mid fine; (2) contusion oval in shape 2-1/2 x 2-1/2 along the: left 2nd coastal cartilage; (3) contusion irregular in shape 1" x ½” over the centre of chin. There was clotted blood present in both nostrils and cheeks.
There was clotted blood present in both nostrils and cheeks. Ligature mark slightly depressed from the surface starting from middle of left lateral border of neck passing horizontally around the anterior, right side and posterior aspect of neck failing 1" short of mid tine. The ligature mark was 9" long and 3/4rd" broad every where except the anterior central 2" over thyroid where it was 3/4th broad. No ligature knot mark-was seen. On exploration extravation of blood subcutaneous tissue and muscles was seen. Irregular scattered abrasions, along the ligature mark, were present all along. 7. According ;to the Medical Of fleer the cause of death was due to cardio respiratory failure due to as physics due to airway obstruction by strangulation (subject to modification after report of the chemical analysis). as regards the report of the Central Forensic Laboratory which is so also proved when the material was so sent, it transpires that the Director-cum-chemical Examiner to the «Goytofi India, .Central Forensic Laboratory, Calcutta had found “No poison including gammaxene could be detected m the limited amount of the contents of the Exts 17876A to L 7876C of he glass bottle marked was 1787<6A containing a piece of solid material with liquid was stated to be one cut piece of 'Liver' immersed in fluid, the gias&bottle marked as, 17876B contained apiece of solid material with liquid, was stated to be one cut piece of 'Kidney' immersed with fluid, face glass bottle marked as 17876G contained apiece of solid material with some solid particles with liquid were stated to be material with some 'Stomach' contents and portion of 'Stomach' immersed in fluid. The polythene packet marked as 17876D contained some white powder, in which gammaxene constituent was so bound that being poisonous in nature. This also .puts a sign of reasonable doubt when perhaps an attempt so made on defence side to advance the story with regard to the lady committing suicide. This will not be out of place to mention that in a ease when the allegation is against the committing of an offence earning under me purview of-section 304B of the IPQ the mischief of provisions of section 113B of the Indian Evidence Act will come in for se. The said, pro visions of section 113B of the Indian Evidence Act run as under. “113B.
The said, pro visions of section 113B of the Indian Evidence Act run as under. “113B. Presumption as to dowry: When the; question is whether person has committed so dowry death of a woman and it is shown that upon before her death such woman had been subjected by such person to cruelty or Harassment for, or in connection with, any demand for dowry, the Court shall presume that such person has caused the dowry death.” Explanation for the purpose of this section 'dowry, death' shall have the same meaning as section 304B of the IPC. 8. For ready reference section 304B of the IPC is thus quoted below…. “304B. Dowry Death: Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within 7 years of her marriage and it is .shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called 'dowry death' and such husband or relative .shall be deemed to have caused her death.” Explanation. For the purpose of this sub-section 'dowry' shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961). Under section 304i6 for death a person committing dowry shall be punished with imprisonment for a term which be not less than 7 years or which may extend to imprisonment for life.” 9. In this background, now price again reevaluating the evidence so available in the record, it transpires that the prosecution in connection with this case has thus succeeded to establish all the ingredients of section 304B of the IPC, the death of Melon Rani Sarkar in the instant case had taken place at her in-laws place in a most abnormal and suspicious circumstance; that on her dead body even external injuries were so found. As regards the legal marriage of Helon Rani Sarkar (since deceased) with Prabir Sarkar one of the accused/appellants was proved by the prosecution beyond reasonable doubt and the-other accused appellants happen to be no one else but the parents, elder brother of the husband of deceased, admittedly the death?
As regards the legal marriage of Helon Rani Sarkar (since deceased) with Prabir Sarkar one of the accused/appellants was proved by the prosecution beyond reasonable doubt and the-other accused appellants happen to be no one else but the parents, elder brother of the husband of deceased, admittedly the death? has taken place within 7 years behalf marriage: There is also evidence to show that soon before her death she was subjected to harassment by her husband and other relatives of her husband i.e. Manik Sarkar, Sudhangshu Sarkar and Sabita Sarkar when on that very might i.e. 13.2.89 once again there was reminder for the fulfillment of the dowry demand so made to PW 1 the father of the deceased in presence of the lady (Helon Rani Sarkar) which had thus put her in very embarrassing position-and it was the case thus put her in very subjected to harassment. When all these ingredients of section 304B of the IPC are so fulfilled and sufficient evidence is so adduced for accepting the same in favour of the prosecution in such circumstances, naturally tinder the provisions of section 113B of the Indian Evidence Act, it can very well be presumed that this dowry death is so committed by no one else but by the husband and believes involved and harassment was so put on the lady and as.n result of which on the fateful night her dead body was so found having external injury from the very dwelling house of the accused/appellants because of such demand so made also on the same day. Once again making such dowry demand on the <}ate of occurrence may not be stated to be stale enough not to disturb the mental equilibrium of Melon Rani Sarkar, can rather well be treated in the light that the lady being subjected to harassment soon before her death and it is for this circumstance that the Legislature has introduced 113B of the Evidence Act by permitting presumption to be raised In such circumstances if the other ingredients of fixit 304B of the IPC are proved hold the culprit guilty of committing such offence. By looking into the questioning so framed, while taking the statements' of the accused/appellants under section 313 of CrPC, we find that accused/appellants were confronted with all the evidence so pouring in coarse of trial and thus la our opinion no prejudice was caused to them.
By looking into the questioning so framed, while taking the statements' of the accused/appellants under section 313 of CrPC, we find that accused/appellants were confronted with all the evidence so pouring in coarse of trial and thus la our opinion no prejudice was caused to them. We also hold that in the background of the fads and circumstances, the learned court below was also justified in disbelieving the story so propounded by the 2 DWs examined on behalf of the defence. 10. Consequently, thus finding that all ingredients of section 304B of the IPG are met by the prosecution in course of trial in the background of the facts and above, rightly under the provisions of section 113B of the Indian Evidence Act, I though there was no direct evidence of the accused/appellants inflicting injuries on the person of Melon Rani Sarkar but it can safely be presumed of their involvement of causing dowry death which is in our opinion has been fully proved by the prosecution and because of our arriving at this conclusion, the impugned judgment of conviction so recorded by the learned Court below convicting the accused/appellants under section 304B of the IPC thus in our opinion does not require any interference which is so hereby upheld. 11. Mr. AK Bhowmick, learned counsel for the accused/appellants in course of his argument had also made a submission that taking the worst view even if . the accused appellants are found guilty of committing offence coming under the a purview of section 304B of the IPC which is though not admitted but in such circumstances, after hearing on the point of sentence the learned Court below would not have awarded the maximum punishment ie imprisonment for life. By referring to the provisions of section 304B of the IPC it is once again pointed out mat for committing the dowry death punishment for imprisonment is not less than 7 years but which may be extended to imprisonment for life. The learned Court below in the instant case has awarded life sentence. 12. In this connection it is pointed out by Mr.
The learned Court below in the instant case has awarded life sentence. 12. In this connection it is pointed out by Mr. Bhowmick that extreme punishment of life imprisonment is to be awarded in rare cases and in support of this contention a reference is also made to a reported case AIR 1995 SC 120 Hem Chand vs. State of Haryana and particularly its Head Note B which is on the point of sentence in connection with offence committed under section 304B of the IPC has been referred in paragraph 7 and 8 of the judgment. The learned PP is also heard on this point 13. In die background of the facts and circumstances of the instant case also looking into to reported case so cited in AIR 1995 of conviction so passed by the learned Court below convicting the accused appellants under section 304B of the IPC is so upheld toy us. As regards the t sentence so imposed which is life imprisonment of all me accused/appellants, in i our considered opinion, it will meet the ends of justice if instead of the accused/ s appellants being directed to undergo rigorous imprisonment for life, the same is o modified to the extent detailed below. Taking that view as regards the sentence so awarded by the learned Court below is modified so imposed, they are directed to undergo RI for 8 years and the sentence to that extent is modified. The period so undergone by me accused/appellants during the course of trial and also during die pendency of n«s criminal appeal shall be set off under the provisions of section 428 of the CrPC. 14. This appeal is partly allowed. 15. It transpires mat in course of das criminal appeal so many criminal misc. cases were so filed such as Misc Case No.108 of 1996, Misc Case No. 135 of 1996, Misc Case No.146 of 1996, Misc Case No.22 of 1997, Misc Case No.42 of 1997, Misc Case No.68 of 1997. Misc Case No.80 of 1997 and Misc Case No. 119 of 1998.
cases were so filed such as Misc Case No.108 of 1996, Misc Case No. 135 of 1996, Misc Case No.146 of 1996, Misc Case No.22 of 1997, Misc Case No.42 of 1997, Misc Case No.68 of 1997. Misc Case No.80 of 1997 and Misc Case No. 119 of 1998. By perusal of the order so passed in these criminal misc cases, Sabita Sarkar was granted privilege of bail vide order dated 22.7.96 in Misc Case No.l08 of 1996 and Manik Sarkar was graded privilege of bail vide order dated 4.10.96 in Crl Misc Case 146 of 1996 during the pendency of this criminal appeal where as die prayer for grant of bail to the rest of the accused/appellant Sudhangshu Sarkar and Prabir Sarkar were rejected. In that case, because of the conviction so upheld, the two accused/appellants who are on bail namely Manik Sarkar and Sabita Sarkar, their baa! bonds are this hereby cancel led and they the-directed as to surrender at once before the learned Court below as to in meet the sentence with rest of the appellants. 16. This criminal appeal is partly allowed. Let the records sent to the Registrar, Agartala Bench.