- (1.)The appellant Shyamal Mahanto, husband of the deceased Aloe and son of appellant nos. 3 and 5; appellant No.2 Ram Krishna Mahanto, brother-in-law of the deceased Aloe and son of appellant nos. 3 and 5; appellant No.3, father-in-law and appellant No.4, motherin-law of the deceased and appellant No.5 Hemlata Mahanta, sister-in-law (ja), wife of Ram Krishna Mahanta were put on trial on a charge of having committed offence punishable under Sections 498A/304B read with Section 34 of the Indian Penal Code before the learned Additional Sessions Judge, 2nd Court, Balurghat, Dakshin Dinajpur in Sessions Case No.12 of 1998 (Sessions Trial No.8 of 1998) and were found guilty of having committed offences punishable under Sections 498A/304B of the Indian Penal Code read with Section 34 of the Indian Penal Code, the male members were sentenced to suffer rigorous imprisonment for a term of one year each and also to undergo rigorous imprisonment for 10 years each for the offence punishable under Section 304B of the Indian Penal Code and appellant nos. 4 and 5, female members were sentenced to undergo rigorous imprisonment for a term of 1 year each for the offence punishable under Section 498A of the Indian Penal Code and to undergo rigorous imprisonment for a term of 7 years each for the offence under Section 304B of the Indian Penal Code. Their sentences were directed to run concurrently. Such conviction and sentence has been challenged in this appeal.
(2.)The prosecution case is that the eldest daughter of Nanda Dulal Poddar, P.W.1 i.e. Aloe Poddar alias Mamani (hereinafter referred to as Aloe), was given in marriage to the appellant Shyamal Mahanta alias Naru (hereinafter referred to as Shyamal) which was solemnized in November, 1992. The entire marriage expenses were borne by the elder brother-in-laws i.e. Gopal Poddar, P.W.2 and Uttam Poddar, P.W.3. During the marriage cash, gold ornaments and other articles were given as wedding gifts. Within few months after the marriage Aloe started asking for money from her maternal uncles at the instance of her in-laws and the said Aloe was treated with cruelty by the appellants-accused who tortured her both mentally and physically and was also denied proper meals. In the morning of 24.9.1995, an unidentified person informed Nanda Dulal Poddar, P.W.1 and Gopal Poddar, P.W.2 about the death of Aloe in her matrimonial home. On receipt of the said information, the complainant Nanda Dulal Poddar sent Gopal Poddar and Uttam Poddar, at Badamile. Gopal Poddar and Uttam Poddar on reaching the matrimonial home found the deadbody of Aloe lying in the courtyard of the accused persons covered with a cloth and napkin tied around her throat. They were informed by the father-in-law of the deceased Aloe that she has committed suicide by hanging herself from the stand of the bed-stead. The maternal uncles suspected that it was not a case of suicide but was killed by the appellants-accused. Therefore, a complaint came to be lodged at the behest of Nanda Dulal Poddar (P.W.1) with Balurghat Police Station registered as Balurghat P.S. Case No.496/1995 dated 24.9.1995 against the appellants-accused under Sections 498A/304B read with Section 34 of the Indian Penal Code. The police visited the spot and an inquest (Ext.4) was prepared by J.C. Roy, Deputy District Magistrate, P.W.9. Thereafter, the deadbody was sent for post-mortem to Balurghat Hospital Morgue. The Investigating Officer recorded the statements of the witnesses and on completion of the investigation, chargesheet came to be filed against appellants- accused for having committed offence under Sections 498A/304B of the Indian Penal Code read with Section 34 of the Indian Penal Code. The case of the appellants was committed to the Court of Sessions, Balurghat vide order No.4 dated 4.1.1998 and it was assigned to the learned Additional Sessions Judge, 2nd Court, Balurghat, Dakshin Dinajpur for trial.
(3.)On 5.6.1998, charges were framed against the appellants-accused under Sections 498A/304B of the Indian Penal Code and Section 34 of the Indian Penal Code. The appellantsaccused pleaded not guilty to the charge and claimed to be tried. They have taken a plea that the victim Aloe committed suicide by hanging herself in the bed room out of frustration. On conclusion of the trial the appellants-accused were found guilty of the charges punishable under Sections 498A/304B read with Section 34 of the Indian Penal Code and were sentenced accordingly vide judgment and order dated 22.12.1998 passed by the learned Additional Sessions Judge, 2nd Court, Balurghat, Dakshin Dinajpur.